This document is part of a series of Departmental Reports (Cm 6201 to 6231) which, along with the Main Estimates 2004–05, the document Public Expenditure Statistical Analyses 2004, and the Supply Estimates 2004–05: Supplementary Budgetary Information, present the Government's expenditure plans for 2003–2006.

The complete series of Departmental Reports and Public Expenditure Statistical Analyses 2004 is also available as a set at a discounted price. Contents

1. The Law Officers’ Departments

2. Introduction

3. The Crown Prosecution Service Crown Prosecution Service Core Tables

4. Serious Fraud Office Serious Fraud Office Common Core Tables

5. Treasury Solicitor’s Department Treasury Solicitor’s Department Common Core Tables The Law Officers’ Departments

The Work of the Law Officers’ Departments

The Law Officers’ Departments consists of the Crown Prosecution Service, the Serious Fraud Office, the Customs and Excise Prosecution Office and the Treasury Solicitor’s Department, together with the Legal Secretariat to the Law Officers and HM Crown Prosecution Service Inspectorate.

- The Crown Prosecution Service (CPS), which is headed by the Director of Prosecutions, was set up under the Prosecution of Offences Act 1985. It is responsible for deciding independently whether criminal proceedings begun by the police in England and Wales should be continued, and for prosecuting those cases it decides to continue.

- The Serious Fraud Office (SFO) was set up under the Criminal Justice Act 1987. It investigates and prosecutes the most serious or complex cases of fraud in England, Wales and Northern Ireland and thus contributes to the deterrence of such fraud.

- The Customs and Excise Prosecutions Office (CEPO) became accountable to the Attorney General on 1st April 2002. His Honour John Gower and Sir Anthony Hammond recommended that criminal prosecution work should be independent from the intelligence and investigation work carried out by Customs. The Solicitor, whilst remaining in Customs and Excise, is therefore now responsible to the Attorney General for these activities. A Memorandum of Understanding sets out the split of responsibilities between the Attorney and the Chairman of Customs and Excise.

- The Treasury Solicitor’s Department (Tsol) provides legal services to most Government departments and the Treasury Solicitor is also Head of the Government Legal Service, the organisational name for the legal teams of most central Government bodies.

- The Legal Secretariat to the Law Officers (LSLO) and HM Crown Prosecution Service Inspectorate (HMCPSI) are included in the report of the Treasury Solicitor’s Department. The Legal Secretariat to the Law Officers services the Attorney General, whilst HM Crown Prosecution Service Inspectorate reports to the Attorney General on the performance of the Crown Prosecution Service and the Customs and Excise Prosecution Office. Introduction to the Law Officers Report

This Departmental Report concentrates on the role of the prosecutors, including those who inspect them, for whom I am accountable. This is not to undervalue the vital importance of the Treasury Solicitor’s Departments or my own Legal Secretariat, who contribute to the delivery of public services by other departments in the litigation policy and advisory work they provide. High quality and constructive legal advice from the Law Officers and my Departments is essential to good government. But the central theme of this Departmental Report is that prosecutors themselves deliver a public service and play a central role in delivering criminal justice.

There has been one substantive change in leadership in my Departments. This year saw the retirement of Sir David Calvert-Smith QC as Director of Public Prosecutions. I would like to take this opportunity to record my appreciation for Sir David’s leadership of the CPS over the last five years and for the considerable progress the Service has made in that time. Sir David was succeeded as DPP in November 2003 by Ken Macdonald QC, who I am sure will continue the development of the CPS as a world-class prosecuting authority and valued public service.

Progress

Together the CPS, SFO and CEPO all have key roles in the delivery of criminal justice. They are responsible for prosecuting over 1.75 million defendants per annum and for dealing with the majority of the serious criminal cases in this country. Some key achievements and progress over the year are as follows.

The CPS roll-out of charging arrangements, where CPS prosecutors advise the police of the charge to apply to offenders in all but straightforward cases, is showing the improvements that can be made to the criminal justice system. CPS taking responsibility for charging will have the single greatest impact on the CJS in bringing offenders to justice.

The CPS continues to support prosecutors and caseworkers with information technology and has completed roll-out of a new electronic case management system to all 42 Areas and trained over 6,000 frontline staff in its application. Further work is underway to develop the case management system to support the CPS taking on responsibility for charging.

The Serious Fraud Office has continued to build on its international reputation in investigating and prosecuting the most serious and complex fraud cases and is taking a leading role in asset recovery under the new Proceeds of Crime legislation.

The Customs and Excise Prosecution Office handles 25% of all serious criminal cases in the UK, including those involving trafficking of people and drug smuggling. In July 2003, the Government published the report of The Honourable Mr Justice Butterfield into criminal investigations and prosecutions conducted by HM Customs and Excise. The report recommended that a new independent prosecution authority should be established to deal with cases investigated by HM Customs and Excise and work is now underway to set up CEPO as a separate prosecuting authority. Detail on the work performed by CEPO is contained within the HM Customs and Excise Annual Report and Accounts 2003-2004. Forward Look

Each of the Law Officers’ Departments has differing roles, responsibilities and approaches in how they deliver their services. But the common vision for the Law Officers’ Departments is that they each provide world-class services and are all working to shape their services to the needs and concerns of the public and the communities they serve and to be more accountable to the public for the quality and efficient delivery of those services.

It means strengthening the prosecution process. Prosecutors have shown that they are capable of a much greater and more influential role in the criminal justice system, adding enormous value by taking a proactive and constructive approach in the end-to-end process of a case as it moves from arrest to disposal. Prosecutors are gaining a greater role in charging and I see this extending to deciding on diversions from the criminal justice system, for example, through conditional cautioning and in assessing witnesses’ likely performance in court. I expect prosecutors to appear more and more in court themselves, to have a key role in the sentencing process and we will make confiscation the norm in all cases where the convicted criminal has benefited from crime. These developments, coupled with the creation of CEPO as an independent Government department, accountable to me, will bring about a step change in the way prosecutors work.

It means putting victims and witnesses at the heart of the criminal justice system, starting with the £27 million provided over the next three years from the Government’s Invest to Save fund to improve the information and support provided to victims and witnesses. This initiative, based on the ‘No Witness : No Justice’ reforms being piloted in five Areas and developed in partnership with the police and the Office of Public Sector Reform, is showing how more joined-up arrangements can improve the experiences of victims and witnesses of crime, so that they are more likely to come forward to report crime and provide the best evidence available to the courts.

It means prosecutors actively seeking community views in shaping prosecution policies and legislation that meet the needs of society, being accountable to local communities for their performance and being recognised and respected for offering a valued public service.

It means building effective partnerships across the CJS. Whilst prosecutors must have a greater and more influential role, there are so many mutual dependencies within the criminal justice process that, without effective partnerships, little can be achieved. Many effective partnerships have been forged, both locally and nationally. Further initiatives will contribute to the strengthening of the prosecution process, and to the objectives for community engagement. It will help meet the narrowing the justice gap target and raise public confidence as well as reducing the fear of crime. The role of the prosecution is critical to the achievement of the Government’s objectives for the criminal justice system.

And it means the Law Officers’ Departments becoming an employer of choice, attracting some of the brightest and most committed professionals; places where the workforce is representative of society; where everyone can have a rewarding and exciting career; where there is a commitment to fairness for all and a reputation for excellence.

These are considerable challenges for each of my Departments. But only when they have been achieved will they have earned the confidence, trust and respect of the communities they serve. 1

The Crown Prosecution Service CROWN PROSECUTION SERVICE

Introduction

Role

1. The Crown Prosecution Service (CPS) was set up in 1986 to prosecute criminal cases investigated by the police in England and Wales. In undertaking this role, the CPS advises the police on cases for possible prosecution, reviews cases submitted by the police for prosecution, prepares cases for court and presents those cases at court.

Code for Crown Prosecutors

2. Before proceeding with a prosecution, Crown Prosecutors must first review each case against the Code for Crown Prosecutors. The Code is designed to make sure everyone knows the principles the CPS applies when carrying out its work. Those principles are:

   • whether there is enough evidence to provide a realistic prospect of conviction against each defendant on each charge, and, if so,

   • whether a prosecution is in the public interest.

3. The Director of Public Prosecutions is under a statutory duty to publish the Code for Crown Prosecutors. The fourth edition of the Code was published in October 2000. The changes were matters of emphasis rather than principle. The CPS is a public authority for the purposes of the Human Rights Act 1998. In carrying out their role, Crown Prosecutors must apply the principles of the European Convention on Human Rights in accordance with the Act.

Organisation

4. The Service is headed by the Director of Public Prosecutions, Ken Macdonald QC. The Director is superintended by the Attorney General who is accountable to Parliament for the Service. The Chief Executive is Richard Foster, who is responsible for human resources, finance, business information systems, and business development, allowing the Director to concentrate on prosecution and legal issues.

5. The CPS has 42 Areas across England and Wales matching police force boundaries. Each Area is headed by a Chief Crown Prosecutor who is responsible for the delivery of a high quality prosecution service to his or her local community. Each Chief Crown Prosecutor is supported by an Area Business Manager, and their respective roles mirror, at a local level, the division of responsibilities between the DPP and the Chief Executive. Administrative support to the Areas is provided through a network of 10 Service Centres each responsible for providing effective services to a ‘family group’ of Areas. Aim

6. The CPS works in partnership with the police, courts, the Home Office, the Department for Constitutional Affairs and other agencies throughout the criminal justice system to reduce crime and the fear of crime and their social and economic costs; to dispense justice fairly and efficiently and to promote confidence in the rule of law.

7. The Crown Prosecution Service’s overall aim, which reflects the Government’s priorities for the criminal justice system, is to:

Deliver a high quality prosecution service that brings offenders to justice, helps reduce both crime and the fear of crime and thereby promote public confidence in the rule of law through the consistent fair and independent review of cases and through their fair, thorough and firm presentation at court

People

8. Overall the CPS has 7,600 staff with over 95% engaged in local delivery or essential support for frontline services. These include over 2,500 frontline prosecutors, 200 designated caseworkers and 3,600 legal caseworkers and casework support staff. The remaining 5% of staff work in HQ in London or York.

Workload

9. In 2002-03, the CPS dealt with almost 1.45 million defendant cases, 6.5% more than in 2001-02. This included 65,000 advices to the police, almost 1 million prosecutions in magistrates courts and 80,000 prosecutions in the Crown Court.

Resources

10. The outcome of the 2002 Spending Review set new budgets for the CPS for the three years from 2003-04 to 2005-06. The CPS budget for 2002-2003 was £453 million, an increase of £61 million from the previous year. Further details and analysis of the financial performance of the department can be found in the Operational and Financial Review and associated notes and Schedules in the 2002-03 Resource Accounts.

CJS Reserve

11. The spending plans for the CPS and for the other criminal justice departments recognise the important links between the police, the prosecution and the courts and seek to encourage greater joined up planning and management of the criminal justice system.

12. As part of the 2000 Spending Review plans the Treasury created a criminal justice reserve worth £525 million over the three years up to 2003-04. The reserve was set aside to provide funding for unforeseen pressures and trilaterally agreed new initiatives. The Attorney General, the Home Secretary and the Lord Chancellor must all agree to the use of the reserve and the release of funding has also to be agreed by the Treasury.

13. Ministers agreed to invest an additional £61 million in the CPS from the reserve in 2002-03 in order to speed up the reform of the Service. The investment has enabled the Service to direct additional resources to the more serious cases, bring more offences to justice, provide better support for victims and to implement the recommendations of Speaking up For Justice.

Departmental Investment Strategy

14. The Departmental Investment Strategy outlines the main investment programmes for the Crown Prosecution Service. The document is intended to show how that investment will support the achievement of CPS objectives and Public Service Agreement (PSA) targets both for the CPS and the criminal justice system as a whole.

15. The CPS was allocated £5 million of capital funding from the Capital Modernisation Fund (CMF) in 2002-03 to support the Glidewell agenda of collocation with the Police and facilitating joint administration of prosecution cases.

Regulatory Impact Assessments

16. The Crown Prosecution service is not a regulatory department and has no actions to be completed in the Action Plan. The organisation does however, contribute to Home Office plans relating to criminal justice when appropriate.

Criminal Justice System Performance

Public Service Agreement (PSA) Targets

17. The PSA targets for the CPS and the Criminal Justice System from the Spending Review 2002 are:

18. To improve the delivery of justice by increasing the number of crimes for which an offender is brought to justice, to 1.2 million by 2005-06, with an improvement in all CJS areas, a greater increase in the worst performing areas and a reduction in the proportion of ineffective trials. II To improve the level of public confidence in the Criminal Justice System, including increasing that of ethnic minority communities, and increasing year on year the satisfaction of victims and witnesses, whilst respecting the rights of defendants.

III To increase value for money from the Criminal Justice System by 3% a year.

18. Delivering these targets is the joint responsibility of the Crown Prosecution Service, Home Office and Department for Constitutional Affairs. Spending Review 2000 included PSA targets to improve the delivery of justice and public confidence. Some of these targets have been carried forward into SR2002. Targets not carried forward into PSA for SR2002 were to reduce the time from arrest to sentence or other disposal for all defendants, for youth court cases and for cases involving persistent young offenders. Narrowing the Justice Gap

| Performance Measures | Latest Outturn | |----------------------|----------------| | Increasing the number of offences for which an offender is brought to justice. (Offences which result in conviction, caution, or in which the offence is taken into consideration.) The gap between offences brought to justice and the overall level of recorded crime is sometimes referred to as "attrition". The target will be met if there are 1.2 million crimes for which an offender is brought to justice in the year ending March 2006 [compared with the baseline year ending March 2002]. | Ahead of trajectory. Latest performance on offences brought to justice is 1,096,000 in the year ending November 2003. | | An improvement in all CJS Areas. The target will be met if each of the 42 Criminal Justice Areas bring more offences to justice than they did in the baseline year ending March 2002. | 39 of the 42 CJS areas have improved their performance on the baseline year of 2001/02. | | A greater increase in worse performing areas. The target will be met if the average performance improvement achieved by the worse performing areas is greater than the national average performance improvement by in the year ending March 2006 as compared to the baseline year ending March 03. | Areas performing below the average were identified for the purpose of setting area targets for 2004-05, which were sent to areas in February. | | A reduction in the proportion of ineffective trials. The target will be met if the national level of improvement for Crown Courts and magistrates’ courts is 27% or less by the year ending of March 2006. This equates to a reduction in Crown Courts from 24% to 17% and in magistrates’ courts from 31% to 23%. | On Course. The proportion of ineffective trials in the Crown Court Centres has reduced from 24% (baseline) to 18.8% quarter to Jan 04, an improvement of 5.2% points. For the magistrates’ courts the proportion of ineffective trials has reduced from 31% to 29.0%, in the quarter to Jan 04, an improvement of 2% points. |

## Improving Public Confidence

| Performance Measures | Latest Outturn | |--------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------| | Improve the level of public confidence in the Criminal Justice System. | **On Course.** Latest performance from the British Crime Survey for the year to December 2003, shows that 40% of the public believe the CJS is effective in bringing people who commit crimes to justice compared with 39% in the year ending March 2003. | | *This will be met if, by the year ending March 2006, the level of public confidence has increased, compared to the baseline year ending March 2003.* | | | – including increasing that of ethnic minority communities. | **Not yet assessed.** Baseline established of 49%, year ending March 2003. Latest British Crime Survey figures for December 2003 show confidence has increased to 53%. | | *This will be met if, by 2005-06, the level of confidence amongst black and minority ethnic people is statistically higher than that during the baseline year.* | | | – increasing year on year the satisfaction of victims. | **Not yet assessed.** Baseline data for victims to be established July 2004. | | *This will be met if the level of satisfaction of victims increases year on year during April 2003 to March 2006, with the final year showing a statistically significant increase over the first year.* | | | – increasing year on year the satisfaction of witnesses. | **Not yet assessed.** Baseline data for witnesses to be established July 2004. | | *This will be met if the level of satisfaction of witnesses increases year on year during target period from April 2003 to March 2006, with the final year showing a statistically significant increase over the first year.* | | | – respecting the rights of defendants. | The rights of defendants are protected by law. Any evidence that a defendants rights have been infringed | Increasing Value for Money

| Performance Measures | Latest Outturn | |--------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------| | To increase value for money from the Criminal Justice System by 3% per annum. | • The roll-out of the shadow and statutory charging schemes will provide a better grip on cases from the outset, reducing the number of cases that are discontinued and increasing the number of early guilty pleas. Both will save time and effort on the part of the police, CPS and courts. | | The CPS contribution to the target will be met if by year ending March 2006, there is an improvement in efficiency or value for money of at least 3% compared with the year ending March 2003. | • Increasing the proportion of cases dealt with by joint police and CPS Criminal Justice Units and Trials Units is producing overall efficiency savings in estates and better value for money through joint administration and streamlined case management processes. By September 2003, these Units were handling around 50% of all CPS prosecution cases. | | Some CPS-led initiatives will have efficiency and value for money benefits for the police and the courts as well as the CPS. | • The CPS is developing proposals for greater use of designated caseworkers to deal with straightforward guilty plea cases in magistrates’ courts, freeing up prosecutor resources to deal with magistrates’ courts trials and the more serious cases heard in the Crown Court. | | | • The CPS is introducing eProcurement across the Department as a platform for improving efficiency and achieving significantly improved terms from its suppliers of bought in goods and services. In conjunction with this initiative it is introducing framework agreements for a variety of goods and services where savings and efficiencies can be realised. | | | • Roll-out of the Compass case management system is automating clerical case handling and case tracking processes. | Other Criminal Justice System Targets

A number of targets for the CJS were not carried forward into PSA for SR2002.

| Performance Measures | Latest Outturn | |--------------------------------------------------------------------------------------|--------------------------------------------------------------------------------| | Reduce by 2004 the time from arrest to sentence or other disposal for all defendants by: | Ministers agreed that each LCJB would set timeliness targets for their area, with no overall target. Targets have now been set in each area. | | reducing the time from charge to disposal for all defendants, with a target to be specified by 31 March 2001; | Targets have been set in each area. | | dealing with 80% of youth court cases within their time targets; and | **MET** The average time taken from arrest to sentence for persistent young offenders for the quarter to November 2003 is 67 days. | | Halving from 142 to 71 days by March 2002 the time taken from arrest to sentence for persistent young offenders, and maintaining that level thereafter. | |

CPS Performance

Case Outcomes

19. During 2002-03 the CPS brought 1.04 million offenders to justice. This includes 974,000 defendants in the magistrates courts with a 98% conviction rate in cases that proceeded to a hearing and 5% more than in 2001-02. In the Crown Court the CPS brought 70,000 offenders to justice, 12% more than in the previous year.

20. Over 40% of Crown Court cases involved indictable-only offences – the most serious cases of all – compared with 33% in 2000-01 and only 18.2% in 1991-92.

Departmental Targets

21. The CPS made the following progress against its Departmental targets for the year ending March 2003.

- Committal papers were despatched within agreed timescales in 86.7% of cases, compared with 85.6% in 2001-02, exceeding the annual target of 80%.

- 86.6% of briefs were delivered to counsel within agreed timescales, compared with 84.1% for 2001-02, meeting the annual target of 84%. • Non-jury acquittals and bind overs attributable to failings in the review process amounted to 0.3% of finalised cases in the Crown Court (three per 1,000), compared with 0.5% (five per 1,000) in 2001-02, meeting the annual target of five per 1,000.

• 99.8% of witness expenses were paid within 10 days, compared with 98.2% in 2001-02 and an annual target of 100%.

• Timely replies were made to 89.2% of complaints, compared with 81.9% in 2001-02. The annual target of 94% was not met.

• The proportion of undisputed invoices paid within 30 days decreased from 94.4% in 2001-02 to 81.0%, against a target of 100% due to difficulties with the existing IT system for payments. This system is being replaced in 2004-05.

• The CPS replied to 91.7% of correspondence from members of parliament within 15 days compared with 90.2% during 2001-02, and a target of 100%.

More Effective Prosecutions

Charging

22. Lord Justice Auld’s Review of the Criminal Courts, October 2001 recommended that the CPS should take over responsibility for the decision to charge in all but minor cases. Following the evaluation of a number of charging pilot schemes that were introduced in 2002, all CPS Areas were committed to provide a shadow charging scheme in conjunction with local police partners, by December 2003. By the end of 2003, all Areas had met this target and a total of 231 schemes were in place.

23. During 2004 further roll-out will continue, with an emphasis on the 13 CJS priority Areas. These 13 Areas will be the first to migrate to the Statutory Charging Scheme from May 2004, followed by a staged transition to the Statutory Scheme in other Areas.

CPS Direct

24. The Statutory Charging Scheme will come in to force from April 2004. In order to provide this service to the police at weekends and between the hours of 5pm and 9am a remote telephone-based advice scheme called “CPS Direct” has been developed. CPS Direct enables lawyers to work from their own home to provide out-of-hours advice to the police through advanced IT and telephony links. The scheme was tested in three CPS Areas between September and December 2003 and 5,000 advices were given over the duration of the pilot scheme. Following a successful evaluation the scheme is to be made available for all the 13 CJS priority Areas in early 2004 followed by roll-out to the remaining Areas. Proceeds of Crime Act

25. The Proceeds of Crime Act 2002 (POCA) received Royal Assent on 31 July 2002. Legal guidance has been issued and a nationwide network of Area lawyer and caseworker champions has been created and trained to deal with POCA issues. These champions have in turn trained colleagues in their Areas. National conferences have been held to assist in identifying potential POCA issues and to share good practice.

26. Up to January 2004, CPS has been granted 66 Confiscation Orders to the value of £700,000 and 45 restraint Orders in respect of assets of £6 million. The Service is at the forefront of a multi-agency approach to asset recovery and has played the leading role in the formation of a Receivers’ Panel. The Panel members act as receivers in cases on behalf of CPS, Customs and Excise and the Asset Recovery Agency (ARA).

Serious, Organised and International Crime

27. The CPS continues to contribute to a network of Liaison Magistrates across Europe and in the United States of America. UK liaison magistrates regularly deal with mutual legal assistance and the extradition of suspects to and from the UK and provide their host countries with legal advice and guidance on UK legal procedures.

28. The CPS will play a crucial role in prosecuting cases investigated by the proposed Serious Organised Crime Agency (SOCA) and is committed to delivering a high quality prosecution service on those cases through a group of dedicated, specialist and highly experienced prosecutors. This proposed new service builds on the existing National Crime Squad/CPS ‘gateway’ in Birmingham.

Disclosure

29. The completion of the Joint CPS/Association of Chief Police Officers Disclosure Project resulted in the development and delivery of comprehensive national disclosure training suitable for all prosecutors and caseworkers. The liaison between the police, the CPS and other prosecuting authorities arising out of this project identified a further need to address a lack of guidance and specialist training in important aspects of the disclosure process in the most complex and serious cases. The CPS is implementing a further project to improve disclosure in such cases.

Casework Quality

30. CPS introduced a new self-assessment process for providing local managers across all Areas with assurance about the quality of casework being produced in their Area or Operational Unit. The Casework Quality Assurance scheme requires sample case files to be examined each month and tested against a range of standard questions focusing on key stages of the prosecution process. The scheme helps to identify casework that fails to meet a satisfactory standard and where further staff training or development is required. The scheme has been widely adopted in CPS with almost 8,000 files being examined in the first seven months of operation. Of the files examined between April and October 2003, 88% met required standards.

Working in partnership

Local Criminal Justice Boards

31. The CPS is taking a leading and influential role in Local Criminal Justice Boards. Of the 42 Local Criminal Justice Boards 60% are chaired by Chief Crown Prosecutors and each Board has produced delivery plans for narrowing the justice gap, ineffective trials and public confidence. Thirteen Priority Areas have been identified and are being provided with extra support and assistance to raise performance.

Effective Trial Management

32. The CPS is working with the DCA on effective trial management pilots, where victims and witnesses as customers of the court know in reasonable time when cases will be heard and can be confident that arrangements will not be changed. These bring considerable benefits to victims and witnesses and have transformed our ability to prosecute effectively, helping us deploy designated caseworkers and lawyers as efficiently as possible. Better case management and court listing arrangements will reduce the number of ineffective trials and in doing so reduce the unnecessary witness attendance and waiting times at court.

Criminal Justice Units and Trial Units

33. Progress continues to be made on the CPS Glidewell programme to restructure front-line administrative operations by establishing collocated Criminal Justice Units (CJUs) and Trial Units (TUs) in either CPS or police premises. Establishing a new structure in which police and CPS staff are housed and work together reduces administrative duplication and delay; enables closer liaison; and promotes better working relationships between the two independent organisations. Collocation enables freed up administrative resources to be re-directed towards front-line operations including better support for victims and witnesses, and for advocates at court.

34. By 31 March 2004, 92 collocated Criminal Justice Units were operating in 35 Areas, handling about 55% of CPS business in magistrates’ court. In addition, 43 Trial Units that include a police presence will be operating in 29 Areas, handling about 53% of Crown Court business. Joint performance with the courts

35. The CPS is working with the courts and defence practitioners to reduce the incidence of ineffective and cracked trials in both the magistrates’ courts and the Crown Court. A standard monitoring system is applied in all courts to capture an agreed analysis of the reasons why cases listed for trial do not proceed as planned, either because the trial ‘cracks’ i.e. it is dealt with when the prosecution does not proceed with the case or when the defendant pleads guilty, or because it is ineffective i.e. the trial has to be adjourned to another day. It is now a Government priority to reduce the number of ineffective trials because they undermine confidence in the criminal justice system; are wasteful; are often demotivating and sometimes distressing for victims and witnesses; and actively work against the overarching aim to bring more offenders to justice.

Street Crime

36. The police, CPS and courts have worked together to target street crime in ‘hot spot’ street crime Areas – Thames Valley, West Midlands, West Yorkshire, South Yorkshire, Nottinghamshire, Avon and Somerset, Greater Manchester, Lancashire, London and Merseyside. Under this approach 22% more adults and 32% more juveniles have been brought to justice for street crime compared with April 2002.

Persistent Offenders

37. The Persistent Offender Scheme was launched in April 2003 and reviewed in September 2003 to target the persistent offenders who are responsible for a substantial proportion of all crime. Local CJS Areas and Local Criminal Justice Boards now have more discretion to target persistent offenders based on local intelligence-led policing and are supported by a new web-based system, J-Track which helps criminal justice agencies to identify and manage cases involving persistent offenders.

Developing Criminal Justice information Technology

38. The CPS is working closely with CJIT (Criminal Justice IT) and PITO (the Police IT Organisation) to agree a way to achieve an interface between NSPIS Case Preparation and COMPASS CMS. This will be a key step in facilitating maximum use of electronic case files throughout the CJS and will bring significant benefits to criminal justice in terms of efficiency and savings of time and cost. It will also be a significant step towards joining up IT in the Criminal Justice System and achieving a modernised, joined-up Criminal Justice System. Secure eMail

39. The CPS has also worked with other Criminal Justice Organisations and local criminal justice practitioners to develop the use of the new Criminal Justice secure Mail network. The CJS has moved over 100 information exchanges from post and fax to e-mail as a result, with a further 500 expected to follow in 2004-05.

Building Public Confidence

Improving the service to vulnerable or intimidated witnesses

40. The CPS has continued to work closely with the Home Office and others to implement the package of measures proposed in the report Speaking up for Justice, many of which were contained in part II of the Youth Justice and Criminal Evidence Act 1999. These include greater protection for rape victims, utilising video recorded statements for children under 17 and vulnerable adults, and TV links for children under 17, vulnerable adult witnesses and intimidated witnesses. Pilot projects on the use of intermediaries for vulnerable witnesses will commence in February 2004 and be fully evaluated prior to national roll-out.

Victim and Witness Care Project: ‘No Witness: No Justice’

41. In March 2003, the Prime Minister and the Attorney General commissioned a partnership of the Prime Minister’s Office of Public Services Reform (OPSR), the Crown Prosecution Service (CPS), the Association of Chief Police Officers (ACPO) and the Home Office (HO) to undertake a victim and witness care project.

42. The victim and witness care project aims to provide a more consumer-focussed service to victims and witnesses and to transform their experience of the criminal justice system by meeting their individual needs for information and support. This should enable more witnesses to give evidence, reduce the rate of ineffective trials through improved witness attendance at court, increase victim/witness satisfaction, and as a result contribute to improving public confidence and narrowing the justice gap.

43. Five pilot sites (Gwent, West Midlands, Essex, North Wales and South Yorkshire) have been established to test the new services and are currently being evaluated. The Treasury Invest to Save Scheme has committed £27 million to support national implementation of the new and enhanced victim and witness services, subject to positive evaluation of the pilots.

Tackling Anti-Social Behaviour

44. In November 2003 the Prime Minister launched the Home Office Action Plan on Tackling Anti-Social Behaviour and a national multi-agency project is taking forward a joined up approach to tackling anti-social behaviour. The CPS has appointed 12 specialist Prosecutors in ‘hot spot’ Areas to concentrate on prosecuting anti-social behaviour and low level disorder offences, support local authorities in the application of and in enforcing any breaches of those orders. The expert prosecutors will also be working with local Crime Reduction Partnership groups and with local communities to establish local projects that seek to reduce anti-social behaviour. Good practice from the hot spot Areas will inform work on a Community Justice Centre planned for Merseyside.

Prosecuting hate crimes

45. The CPS continues to contribute to the Government’s national strategy to tackle domestic violence, being represented at both Ministerial and official level on inter-departmental groups and working on new legislation. Key elements of CPS policy on prosecuting cases of domestic violence include:

- greater focus on the victim’s priorities of safety, support and information
- the interface between civil and criminal proceedings
- constructing cases, whenever possible, on the basis of evidence other than that of the victim

46. A national network of Domestic Violence Coordinators facilitates implementation of the policy and helps to share information and good practice across all CPS Areas. The CPS has also set up a two-year Domestic Violence Project that will gather evidence from pilots in Gwent and Croydon, on ways of bringing more offenders to justice in such crimes and in improving victim and witness satisfaction and safety.

47. The CPS Policy on Prosecuting Racist and Religious Crime was launched by the Attorney General and the Director of Public Prosecutions in July 2003. National and regional consultations resulted in over 120 black and minority ethnic, community, faith, statutory and voluntary groups and organisations playing a part in the development of the policy.

48. The CPS Racist Incident Monitoring Annual Report for the year ending March 2003 was published in February 2004. The number of defendant cases received from the police was 4,192 compared with 3,728 the previous year. There was sufficient evidence to prosecute in 74% of cases, a 2% increase, and the overall conviction rate rose by 1% to 84%.

Community engagement

49. Work commenced on the development of a National Strategy on Community Engagement in January 2004. This will build on existing recommendations and the Good Practice Guidance and recommendations produced in partnership by the Equality and Diversity Unit and Her Majesty’s Crown Prosecution Service Inspectorate. Development on this strategy will continue throughout 2004-05 along with the commencement of Breakthrough Pilots.
50. CPS Communications have also produced a video for schools about the work of the service. The video puts the work of the CPS into context with other parts of the CJS and links in with the Citizenship module of the national curriculum.

Securing Value for Money

Higher Court Advocates (HCAs) and Designated Caseworkers (DCWs)

51. In November 2003, the Director announced that the number of HCA training places for the year 2003-2004 will be increased from 100 to 150 and to 200 in 2004-2005. Wider deployment of HCAs at the Crown Court is serving to facilitate the major aim of CPS under the Glidewell reforms of establishing Trial Units and shifting the centre of gravity towards the more serious cases. More regular exposure to Crown Court practice and procedure is providing HCAs with valuable front-line experience of this more challenging arena, improving their stature and job satisfaction, and contributing to casework improvement. An approach for deploying HCAs will be piloted in Hertfordshire and Hampshire and Isle of Wight from April 2004. This will lead to designated caseworkers taking on more guilty plea cases in magistrates court, and expanding their remit and skills.

Improved Procurement

52. The CPS is implementing eProcurement as part of its approach to modernise and streamline its procurement activities. The first phase of the roll-out has now been completed, and has made a significant contribution to the CPS value for money targets, whilst improving existing processes.

COMPASS

53. The CPS initial case management system developed and introduced in a PFI partnership with LogicaCMG was rolled out across the 42 Areas in England and Wales between April and December 2003 on time and within budget. Further development work is underway to develop the functionality of the case management system to support the CPS taking on responsibility for charging and work under the Proceeds of Crime Act.

54. The CPS is at the forefront of technological innovation within the CJS, having a single modern Information Technology infrastructure and being the first CJO to deploy a single national case management system, that can already communicate securely with Bar Council members and many private practitioners. By September 2004 a version of CMS should have been developed that will be capable of receiving case information from police systems. Graduated Fee Scheme

55. The CPS pays fees to barristers in Crown Court cases expected to last up to 25 days in length in accordance with the Graduated Fee Scheme and is working closely with the Bar, the Department of Constitutional Affairs and the Legal Services Commission to introduce a new scheme to manage very high cost cases, generally those expected to last over 25 days in length.

Advocates’ Fees

56. Crown Court advocate fees increased from £107 million to £125 million in 2002-03. The primary reason for the increased expenditure in 2002-03 was the first full year impact of increased rates arising from the Graduated Fee Scheme and a substantial increase in the number of Crown Court cases. Thus the average unit cost for employing an external advocate increased from £930 to £994. CPS is doing all it can to bear down on management and control of counsel fees. Case Management Plans and case contracts for high cost cases are being applied and regular and more rigorous budget assessments of prosecution costs are being made. In addition, the CPS is planning to introduce a high cost case contract scheme in 2004-05 for external advocates instructed in the very long and complex cases that fall outside the Graduated Fee Scheme. The new scheme which will be modeled on the Scheme that is being introduced by the Legal Services Commission for defence practitioners in similar cases, will fix agreed hourly rates paid to counsel and enable better controls to be put in place to project manage the time and effort of the prosecution team, including counsel. The detail of the new scheme is being prepared by CPS in liaison with the Remuneration Committee of the Bar Council.

Reducing sickness absence

57. The CPS in common with other government departments continues to manage absence following the Cabinet Office’s Working Well Together report published in 1998. The trend remains downward, with the average number of working days sick per employee falling to 8.8 days in 2002, down from 11.5 in 2000. During 2004 CPS is to examine all aspects of sickness absence from accurate recording, monitoring and reporting of sickness absence, through training of line managers in managing all aspects of sickness absence to revision of policies relating to sickness absence with the aim of further reducing the overall sickness absence rate.

Estates Management

58. The CPS continues to secure value for money through its Estates Management Strategy. This has included a ‘Standard Specification for Works’ for new work or refurbishments and identifying key properties where there may be an opportunity to ‘re-gear’ our leases with anticipated benefits of between £500,000 and £2,000,000.
59. The projected accommodation cost per head for 2003-04 is £5,116. This represents an increase of 2.6% on 2002-03, but includes some short-term double running costs, and significant one-off expenditure, particularly on working to meet the requirements of the Disability Discrimination Act, Part 3. The project to complete these works will cost £1,700,000 and is on target for completion by April 2004, ahead of the legal deadline of October 2004. All risk assessments for asbestos should be completed by the due date in May 2004.

Developing a Modern Organisation

Recruiting and developing our people

60. Recruitment to the CPS is carried out through systems based on fair and open competition and selection on merit, in accordance with the Civil Service Commissioner’s Recruitment Code, unless one of the permitted exceptions to fair and open competition applies. All recruitment activity is subject to audit, both internally and by the Commissioner’s Recruitment Auditors.

61. During the last 12 months, the CPS made the following number of appointments on either a fixed term or permanent basis:

| Level | Total | Female | Ethnic Minority | Appointees who meet the definition of disability under the \*DDA 1995 | |-------------|-------|--------|-----------------|---------------------------------------------------------------| | Pay Band A1 | 223 | 163 | 15 | 1 | | Pay Band A2 | 288 | 211 | 38 | 5 | | Pay Band B1 | 71 | 45 | 8 | 0 | | Pay Band B2 | 26 | 12 | 5 | 0 | | Pay Band B3 | 11 | 10 | 1 | 1 | | Pay Band C1 | 138 | 98 | 16 | 1 | | Pay Band C2 | 121 | 59 | 4 | 0 | | Level D | 5 | 4 | 0 | 0 | | Level E | 5 | 3 | 0 | 0 | | SCS | 2 | 1 | 0 | 0 | | CCP | 1 | 1 | 1 | 0 | | Total | 891 | 607 | 88 | 8 |

\*see page 29 for reference. Pay tables

62. Senior Civil Service (SCS) pay including Chief Crown Prosecutors (CCPs) and CPS London Assistant Chief Crown Prosecutors (ACCPs) as at 1st April 2003.

| Salary Range | SCS | CCP/ACCP | TOTAL | |--------------------|-----|----------|-------| | Below £50,000 | 1 | | 1 | | £50,000 – £54,999 | 1 | | 1 | | £55,000 – £59,999 | 4 | | 4 | | £60,000 – £64,999 | 5 | 18 | 23 | | £65,000 – £69,999 | 4 | 13 | 17 | | £70,000 – £74,999 | 2 | | 2 | | £75,000 – £79,999 | 2 | 10 | 12 | | £80,000 – £84,999 | 2 | 2 | 4 | | £85,000 – £89,999 | 1 | | 1 | | £90,000 – £94,999 | 1 | | 1 | | £95,000 – £99,999 | | | | | £100,000 – £104,999| 1 | | 1 | | £105,000 – £109,999| | | | | £110,000 – £114,999| | 1 | 1 | | £115,000 – £119,999| | | | | £120,000 – £124,999| | | | | £125,000 – £129,999| | | | | £130,000 – £134,999| | | | | £135,000 – £139,999| 1 | | 1 |

Representative workforce

63. The CPS has exceeded Civil Service recruitment targets, with 13.9% of staff from black and minority ethnic (BME) communities, 66.4% of permanent staff are female and 4.4% disabled. This compares well with a benchmark of 7.6% BME, 51.8% of permanent staff female and 3.7% disabled in the civil service comparison (2002). The CPS has over 1,500 staff taking the opportunity to work part-time. Legal Trainees/Legal Scholarships

64. The Department has recruited a total of 33 Legal Trainees who will undertake their articles or pupillage with the CPS. Further selection exercises are planned. We are extending the legal trainee and scholarship scheme, providing 100% bursary for legal qualifications. So far we have 231 Law Scholars, a figure that will rise to 330 with £4.5 million investment over the next three years, allowing people from diverse backgrounds to begin a career in the Law.

An equal and diverse prosecution service

65. The CPS is transforming its reputation to be a beacon employer and prosecutor on equality and diversity issues. The Year One Review of the CPS Race Equality Scheme was published in May 2003 and impact assessments conducted on key functions of CPS business identified in the first year of the scheme. The Commission for Racial Equality has commended this Review as an example of good practice for Racial Equality. CRE have also recognised the CPS Equality Plan as a model and are working with us to promulgate the approach we have developed. The National Audit Office is using the CPS as an equality and diversity case study because of our increasing cooperation and consultation with external stakeholders and local communities.

Equality and Diversity Awards

66. In February 2004, the CPS held its second Equality and Diversity Recognition Awards event in Liverpool. Awards were given to those who had developed innovative projects in employment, policy or casework. Forty-two entries were made and 200 people attended the event. Winners included the Speaking Up for Justice Implementation Team within Policy Directorate in York for their commitment to successfully implementing Speaking Up for Justice and providing a fairer hearing for vulnerable people, and CPS South Wales for a unique approach to combating racism. The Area devised a fictional case which students followed from arrest to prosecution. A video of the event has been distributed to schools around Wales.

Race for Justice

67. The findings of the independent Diversity Monitoring Project were published in October 2003. Entitled ‘Race For Justice’, the research study examined over 15,000 CPS files to see whether bias or discrimination on the grounds of race and gender were occurring at each stage of the prosecution process. Whilst the statistical evidence of bias or discrimination was inconclusive, significant issues were highlighted which could have a disproportionate impact on women and BME defendants. Nine recommendations were made to the CPS to improve the quality and management of its casework. All of these recommendations were agreed and are being acted upon. Employee Domestic Violence Policy

68. In December 2003, the CPS launched its Employee Domestic Violence Policy which is a significant landmark in CPS employment practices. The policy forms part of the ongoing commitment to promoting dignity at work and our responsibility for health, safety and welfare at work for all employees.

A professional HQ

69. The CPS has a highly professional Headquarters team in place. The new DPP is highly experienced in criminal law and criminal justice; we have a Chief Executive with a strong delivery background; our HR, IT, Communications and Equality Directors are drawn from local authority, private sector and CRE backgrounds; there are experienced prosecutors as Directors of Policy, Business Development and Casework Directorate; and our Finance Director has extensive HM Treasury and Whitehall experience.

70. There are three strong and effective non-executive Directors on the Board, who chair or take a leading role in a number of committees and Board sub-groups, such as the Audit Committee. A new Business Development Directorate has been established to support Areas and performance manage delivery, and a new Policy Director is reshaping that Directorate to be more outward looking and influential in criminal justice reform.

Area Management Teams

71. The senior management team for CPS London has been restructured and strengthened, the Area Business Manager cadre has also been strengthened through open competition and some CCPs and other senior managers have taken the opportunity to take early severance.

Governance

72. The CPS is conducting a Governance Review of the CPS Board, including its roles, responsibilities and effectiveness in strategic management and in driving reform. This includes a review of decision-making structures below the CPS Board and ways in which CCPs can be fully engaged in policy, reform and delivery issues. In advance of the review we have introduced a Chief Executives Group, comprised of all our HQ senior managers, to manage and co-ordinate the CPS change programme.

Leadership and development

73. The CPS has developed ‘Transform’, a new leadership development programme for senior, middle and aspiring managers. All Area Business Managers and the first tranche of Unit Heads have already received leadership and development training under the ‘Transform’ programme. Service Centres

74. Our support services are currently provided through 10 regional Service Centres and through HQ based HR and Finance functions. We are reviewing these arrangements with a view to simplifying policies and processes, spreading best practice and consolidating functions in Service Centres that demonstrate excellence in performance. We are also seeking to relocate transaction processing outside central London. Plans are in place to move a large proportion of financial transactions to Wakefield and recruitment activity to Chelmsford.

Centre of Excellence (COE)

75. The CPS has established a Centre of Excellence (COE) to continue to improve the approach to programme and project management in line with Office of Government Commerce standards and extending the COE approach beyond our major procurement and strategic programmes of charging, Compass and the No Witness: No Justice project.

Health and Safety

76. The programme to raise the profile of health and safety and to achieve benefits from greater awareness and better management of health and safety, such as reduced sick absence and improved staff morale, has continued. A Health and Safety Forum has been established involving staff and Trade Union representation, to input into the management of health and safety within the department. The Health and Safety Manual is being updated and revised and a guide on dealing with Health and Safety with contractors is being produced.

Sustainable Development

77. The CPS continues to incorporate sustainable development initiatives across the work of the CPS. The key objectives of this initiative are:

- Integrating sustainable development into decision making.
- Raising awareness of sustainable development.
- Improving the performance of the estate.

78. The CPS Sustainable Development Policy, along with current information on the CPS Estate, as required within the Framework for Sustainable Development on the Government Estate, is published on the CPS website.

79. The CPS has established a Sustainable Development Advisory Group (SDAG) who are working to produce a Sustainable Development Action Plan and is taking forward proposals submitted by its environmental consultants to reduce energy use and manage the buildings in a more environmentally friendly manner.

80. The CPS continues to ensure that appropriate aspects of sustainable development are included in criteria when evaluating suppliers for the provision of goods and services. We are also incorporating sustainable development criteria into the new Standard Specification for Works. Suppliers are actively encouraged to put forward innovative solutions that address sustainable development.

Forward Look

81. The CPS is beginning to be seen as an organisation that delivers. But there is more to do if it is to take its proper place as a world class prosecuting service. The duty of the CPS is to hold to values of fairness, impartiality and integrity and to prosecute criminal activity robustly, promptly and fairly.

A world class prosecution service

82. Becoming world class builds on that position of trust. It means a prosecution service at the heart of the CJS with a more influential role for prosecutors, providing a valued public service that meets the needs of victims and witnesses. It means a prosecuting service that makes a real difference to the lives of local people and local communities where people feel more secure from anti-social behaviour and crime and communities are safer places to live and work. It will mean more offenders are brought to justice and more proceeds of crime are recovered through an efficient and effective criminal justice process.

CPS Business Strategy

83. The CPS business strategy sets out how the CPS is going to build on its successes so far. It is based on:

- **Driving change and delivery in the CJS**: as a self-confident leader, influential in delivering local criminal justice and in shaping the CJS of the future.

- **Strengthening the prosecution process**: providing an independent prosecution service, working with the police from the outset of a case to its disposal; advising the police before charge; building and testing the strongest possible prosecution case and fighting that case fairly in the courts on behalf of the public.

- **Becoming champions for justice and the rights of victims**: assessing the needs of victims and witnesses and their likely evidence from the outset and throughout the life of the case; making sure their experience of the CPS and the CJS encourages them and others to come forward in future to play their part in bringing offenders to justice. • **Inspiring the confidence of the communities we serve**: being visible, open and accountable for our decisions; responsive to the needs of the community and providing a valuable public service; seen as the decision-makers who decide which cases should be brought to court and bring them to justice.

• **Being renowned for fairness, excellent career opportunities and the commitment and skill of all our people**: where everyone is treated on merit, where people of ability can rise to the top and where all our people are renowned for their commitment, skills and their passion for justice and the CPS is renowned for fairness, opportunity and excellence.

**Further Information**

84. More information on the CPS and its contribution to these targets, set out in the CPS Strategic Plan for 2003-06 and Business Plan for 2003-04, is available on www.cps.gov.uk and from:

Crown Prosecution Service\
50 Ludgate Hill\
London EC4M 7EX

Telephone: 020 7796 8000

**Bibliography**

2002-2003 Annual Report for the Crown Prosecution Service\
Resource Estimates 2003-2004: The Crown Prosecution Service\
The Code for Crown Prosecutors – available at the CPS website:\
www.cps.gov.uk/Home/CodeForCrownProsecutors

\*Spending Review 2000 & 2002\
\*Special Delivery Agreements\
\*Public Service Agreements\
\*Departmental Investment Strategy

\*available at the Treasury web site:\
http://www.hm-treasury.gov.uk/spending_review/spending_review_2000\
http://www.hm-treasury.gov.uk/spending_review/spend_sr02/spend_sr02_index.cfm\
http://www.hm-treasury.gov.uk/performance/

### Total public spending for The Crown Prosecution Service

| Year | 1998-99 Outturn | 1999-00 Outturn | 2000-01 Outturn | 2001-02 Outturn | 2002-03 Outturn Estimated | 2003-04 Plans | 2004-05 Plans | 2005-06 Plans | |------------|-----------------|-----------------|-----------------|-----------------|---------------------------|---------------|---------------|---------------| | **Consumption of resources** | | | | | | | | | | Increase in public confidence in the criminal justice system through fair, firm and effective prosecutions | 313,173 | 313,207 | 338,342 | 405,868 | 451,293 | 528,235 | 463,614 | 518,066 | | **Total Resource** (1) | 313,173 | 313,207 | 338,342 | 405,868 | 451,293 | 528,235 | 463,614 | 518,066 | | of which: Resource DEL (1,2) | 313,173 | 313,207 | 338,342 | 405,868 | 451,293 | 528,235 | 463,614 | 518,066 | | **Capital Spending** | | | | | | | | | | Increase in public confidence in the criminal justice system through fair, firm and effective prosecutions | 3,989 | 3,287 | 12,984 | 21,340 | 5,528 | 8,000 | 7,833 | 7,400 | | **Total capital** | 3,989 | 3,287 | 12,984 | 21,340 | 5,528 | 8,000 | 7,833 | 7,400 | | of which: Capital DEL (1) | 3,989 | 3,287 | 12,984 | 21,340 | 5,528 | 8,000 | 7,833 | 7,400 | | **Total public spending** (1,3) | 313,282 | 312,657 | 346,372 | 397,445 | 454,919 | 532,876 | 466,991 | 520,410 |

(1) £28,123m in 2005-06 relates to CEPO (2) Departmental Expenditure Limits, set as part of the 2002 Spending Review (3) Total public spending calculated as the total of the resource budget plus the capital budget, less depreciation and impairment

## Capital employed

### The Crown Prosecution Service: Capital employed

| | 1999-00 | 2000-01 | 2001-02 | 2002-03 | 2003-04 | 2004-05 | 2005-06 | |----------------------|---------|---------|---------|---------|---------|---------|---------| | **Assets on balance at the end of the year** | | | | | | | | | Fixed Assets | 13,005 | 19,874 | 12,094 | 15,678 | 18,876 | 21,969 | 21,716 | | of which: | | | | | | | | | Land and buildings | 3,845 | 3,901 | 3,903 | 3,564 | 3,378 | 3,953 | 4,023 | | Plant and machinery | | | | | | | | | Vehicles | | | | | | | | | Investments | | | | | | | | | Intangible Assets | 9,160 | 15,973 | 8,191 | 12,114 | 15,498 | 18,016 | 17,693 | | **Current Assets** | 32,533 | 40,423 | 66,364 | 61,156 | 72,343 | 67,886 | 66,370 | | Creditors (\<1year) | –27,002 | –30,627 | –63,478 | –68,588 | –64,793 | –68,335 | –69,086 | | Creditors (>1year) | – | – | – | – | – | – | – | | Provisions | –8,446 | –8,460 | –13,055 | –12,112 | –11,701 | –9,665 | –7,822 | | **Capital employment within main department** | 10,090 | 21,210 | 1,925 | –3,866 | 14,315 | 9,020 | 6,500 | | NDBP net assets | – | – | – | – | – | – | – | | **Total capital employed in departmental group** | 10,090 | 21,210 | 1,925 | –3,866 | 14,315 | 9,020 | 6,500 |

### Administration costs for The Crown Prosecution Service

| | 1998-99 Outturn | 1999-00 Outturn | 2000-01 Outturn | 2001-02 Outturn | 2002-03 Outturn Estimated | 2003-04 Plans | 2004-05 Plans | 2005-06 Plans | |----------------------|-----------------|-----------------|-----------------|-----------------|---------------------------|---------------|---------------|---------------| | **Consumption of resources** | | | | | | | | | | **Gross administration costs:** | | | | | | | | | | Other | 84,654 | 75,575 | 89,797 | 119,817 | 106,028 | 150,234 | – | – | | Paybill | 154,449 | 161,426 | 169,108 | 202,334 | 233,557 | 260,673 | – | – | | **Total gross administration costs** | 239,153 | 237,001 | 258,905 | 322,151 | 339,585 | 410,907 | 355,177 | 381,506 | | **Related administration cost receipts** | –930 | –930 | –930 | –1,650 | –1,735 | –1,650 | –1,650 | –1,650 | | **Total net administration costs** | 238,223 | 236,071 | 257,975 | 320,501 | 337,850 | 409,257 | 353,527 | 379,856 | | **Analysis by activity** | | | | | | | | | | Increasing in public confidence in the criminal justice system through fair, firm and effective prosecutions | 238,223 | 236,071 | 257,975 | 320,501 | 337,850 | 409,257 | 353,527 | 379,856 | | **Total net administration costs** | 238,223 | 236,071 | 257,975 | 320,501 | 337,850 | 409,257 | 353,527 | 379,856 | | **Controls and limits:** | | | | | | | | | | Administration cost limits (net) for gross controlled areas: | | | | | | | | | | The Crown Prosecution Service | 238,223 | 236,071 | 257,975 | 320,501 | 337,850 | 409,257 | 353,527 | 379,856 | | **Total net limits for gross controlled areas** | 238,223 | 236,071 | 257,975 | 320,501 | 337,850 | 409,257 | 353,527 | 379,856 |

### Staff Numbers

| | 1998-99 Actual | 1999-00 Actual | 2000-01 Actual | 2001-02 Actual | 2002-03 Actual Estimated | 2003-04 Plans | 2004-05 Plans | 2005-06 Plans | |----------------------|---------------|---------------|---------------|---------------|--------------------------|---------------|---------------|---------------| | **Consumption of resources** | | | | | | | | | | **Crown Prosecution Service:** | | | | | | | | | | CS FTEs | 5,447 | 5,648 | 5,564 | 6,240 | 6,680 | 7,249 | 7,399 | 7,525 | | Overtime | 48 | 43 | 44 | 40 | 41 | 49 | 52 | 52 | | Casuals | 184 | 193 | 211 | 270 | 313 | 384 | 403 | 403 | | **Total** | 5,679 | 5,884 | 5,819 | 6,550 | 7,034 | 7,682 | 7,854 | 7,980 | 2

Serious Fraud Office Serious Fraud Office

Introduction

1. The Serious Fraud Office was established by the Criminal Justice Act 1987, following the 1986 Roskill Report. Under that Act its role is to investigate and prosecute cases of serious or complex fraud in England, Wales and Northern Ireland and thus contribute to deterring such fraud. It is headed by the Director, Robert Wardle, who acts under the superintendence of the Attorney General.

2. The SFO has a multi-disciplinary approach to the investigation and prosecution of serious and complex fraud. Each case is allocated to a team that includes lawyers, accountants and specialist financial investigators, information technology and other specialists, law clerks and police officers. The SFO makes extensive use of private sector expertise as necessary, for example employing private sector accountants to assist in investigations and using counsel to prosecute.

3. The SFO is part of the Criminal Justice System in the United Kingdom, and is affected by changes and developments in that system. To achieve its aim and objectives it must take into account and be part of developments in the wider world of law enforcement and financial regulation as well as acknowledging the financial parameters within which it must operate.

4. Since the SFO became operational in 1988 to 31st March 2004, 272 trials have taken place resulting in at least one person at a trial being convicted on 217 occasions (80%). These trials involved 579 defendants of whom 406 were convicted (70%). For the period 1st April 2003 to 31st March 2004 there were 18 trials involving 36 defendants completed, of whom 23 were convicted (64%).

Aim and objectives

5. The aim of the SFO is to contribute to

- reducing fraud and the cost of fraud;
- the delivery of justice and the rule of law;
- maintaining confidence in the UK’s business and financial institutions.

6. The objectives of the SFO are to take on appropriate cases and

- investigate them and bring them to a successful conclusion as quickly as individual circumstances allow;

- when a decision to prosecute is made, prosecute fairly and in a way that enables the jury to understand the issues.

7. In carrying out its aim and objectives, the SFO will

- work efficiently and effectively;

- co-operate with other agencies and overseas jurisdictions;

- ensure that its activities and the way they are reported contribute to deterring fraud.

Service Delivery Agreement (SDA) targets

8. The key targets to be achieved by 2003-04 are:

- a caseload of 110 active cases (including appeals) within allocated resources. The caseload at 31st March 2004 was 82;

- long-run average investigation time of 16.5 months. The current time is 19.5 months;

- a long-run average prosecution stage length of 14.5 months. The current time is 17 months.

09. Trends identified in previous years have continued with average times moving away from targets. The investigation time target is becoming increasingly difficult to achieve for a number of reasons. The Office has suffered from a lack of investigative resource, especially police officers; more cases now involve foreign jurisdictions – thus increasing the elapsed time – and the volume of electronic-based material has grown dramatically. This last point has led directly to delays on the investigation proper as the electronic material is processed and prioritised. The prosecution time target is moving out as the Court Service find it increasingly difficult to provide sufficient court rooms and judges authorised to try serious fraud cases.

10. In spite of these difficulties, the SFO is committed to reduce the length of investigation and prosecution phases by being more effective in those areas which it can more closely control. These include:

- rigorous vetting of cases referred to the Office; • terminating investigations which are not likely to lead to a prosecution as quickly as possible;

• focusing the investigation on key offenders and key charges to avoid over-burdening the investigation and prosecution;

• transferring cases as quickly as possible to the Crown Court;

• ensuring cases are presented fairly, concisely and understandably; and continuously improving value for money;

• increasing the number of permanent staff within the office; and

• introducing an improved document scanning system (DOCMAN) that will speed up the investigative process.

11. Additionally the following baseline measures are reported on:

• The proportion of cases reaching prosecution phase following investigation where an offence has been committed. An unusually low figure could raise questions about the effectiveness of vetting. The current long-run proportion is about 90%.

• The long-run rate showing defendants successfully prosecuted. This provides a quality check over time. The current long-run rate is 70%; the figure for 2002-03 was 71%. Although there is no ‘right’ long-run rate, a reasonable expectation based on past performance is in the 60-75% range.

• In the context of SR2004 we are discussing with the Treasury a new target to measure the quality of the investigation and prosecution process. We are proposing a target on the number of defendants that go to a jury verdict.

2002 Spending Review

12. The 2002 Spending Review was conducted fully in resource terms. It set new plans for public spending for 2003-2004 to 2005-2006 and maintained the same target framework for the SFO. Discussions are continuing to review, clarify and agree appropriate and relevant performance targets for future years, including within the 2004 Spending Review. Additional resources were provided in the SR2002 settlement for financial years 2004-05 and 2005-06 totalling £9.9m (£2.9 million capital) and £14.9m (£2.9 million capital) respectively. These figures allow for an increase to the administration cost limit of £5 million and £8.5 million in each year respectively. Management and operation of the SFO

13. In exercising his statutory responsibilities under the Criminal Justice Act 1987, the Director is supported by the Management Board. The Board comprises the Director, one non-executive director, four Assistant Directors in charge of operating divisions, the Assistant Director in charge of the Policy Division, the Head of Corporate Services (incorporating the role of Finance Director) and the Head of Accountancy. Periodically, Association of Chief Police Officers (ACPO) representatives attend Board meetings. The role of the Management Board is to provide leadership and corporate direction to the work and staff of the SFO.

14. Each operating division is made up of lawyers, accountants and other specialist financial investigators and support staff. Inter-disciplinary teams, each headed by a case controller, are formed from within operating divisions to deal with cases allotted to them, and case budgets are delegated. Management information systems provide the Director with information on case budgets, expenditure, timetables and he meets with each division monthly to discuss the cases and their progress. A Memorandum of Understanding with ACPO sets out the agreed approach to SFO investigations, and who will be responsible for different aspects of the work. Each division has an alignment with police forces in a geographical area although all take cases from the Metropolitan and City police forces. In addition, specific arrangements are now being worked up in the light of the decision to expand the City of London Police Financial Crime Unit (see paragraph 22 below).

15. A case may be referred to the SFO by the police, the Department of Trade and Industry, another government body or regulator, or sometimes by a liquidator or other statutory office holder. Each is considered by an Assistant Director to decide whether it fulfils the statutory criteria for acceptance (see below). In some cases a preliminary investigation is conducted to establish whether the case will come within the criteria and whether there is a realistic prospect of the investigation resulting in a prosecution. Early referral of cases is encouraged.

16. The statutory criteria for accepting cases are interpreted in the light of published criteria agreed by the Law Officers. The key criterion for deciding whether the SFO should accept a case is that the suspected fraud is such that the direction of the investigation should be in the hands of those responsible for the prosecution.

17. In determining whether the criterion is met the factors taken into account include:

- cases where the monies at risk or lost are at least £1 million. (This is simply an objective and recognisable signpost of seriousness and likely public concern, rather than the main indicator of suitability);

- cases likely to give rise to national publicity and widespread public concern. These include frauds on government departments, public bodies, the governments of other countries and commercial cases of public interest;

- cases requiring highly specialised knowledge of, for example, stock exchange practices or regulated markets; • cases in which there is a significant international dimension;

• cases where legal, accountancy, and investigative skills need to be brought together; and

• cases which appear to be complex, and in which the use of Section 2 powers may be appropriate.

None of those factors, taken individually, should necessarily be regarded as conclusive.

18. The SFO and Crown Prosecution Service form a Joint Vetting Committee (JVC) to allocate cases that might be borderline for acceptance in the light of the criteria above. The JVC has a police representative nominated by ACPO and where appropriate officers from individual forces attend to discuss their cases. The JVC is also a forum for discussing matters of mutual interest.

19. Criteria for referral of cases of mutual interest have been agreed between the Financial Services Authority (FSA), the SFO, DTI, police, CPS and their counterparts in Scotland and Northern Ireland. Agreed guidelines provide a framework for dealing with cases where regulatory or administrative penalties rather than criminal prosecution appear more appropriate. The Financial Services and Markets Act 2000 includes a number of criminal offences specifically designed to deal with investment fraud as well as administrative penalties for market manipulation. The SFO and FSA will continue to work closely together to prevent, deter and punish financial frauds in these areas.

20. The SFO has taken on a new role with the criminalisation of anti-competitive behaviour by individuals under the Enterprise Act 2002. The SFO will be responsible for the conduct of criminal prosecutions under this legislation. Cases will be referred to the SFO by the Office of Fair Trading (OFT), and the two Departments will work closely together during investigations and prosecutions.

21. The SFO already deals with money laundering offences arising out of investigations into serious and complex fraud, and is able to investigate any offence which involves such fraud. Offences such as laundering and corruption feature in both current investigations and past prosecutions. Changes to the rules or jurisdiction for trying corruption offences and to the scope of money laundering offences are likely to increase the SFO caseload. These changes will also provide additional powers to investigate restrain and recover the proceeds of criminal offences, including fraud. The planned national targets for asset recovery are likely to require additional SFO and police investigative effort and resources.

We place increasing emphasis on taking the profit out of crime.

22. As part of the government’s plans to improve the response to fraud and following a joint initiative between the Home Office and the City of London Police, extra funds have been allocated in 2004-05 to enable their Economic Crime Unit to expand and take a lead policing role for fraud within London and the South East. In particular the City of London Police hope to be able to allocate up to 35 full time police officers to SFO cases, thus significantly contributing to the fight against fraud. Working with bodies overseas

23. The SFO prides itself on providing an effective and professional mutual and legal assistance service to overseas authorities and encourages personal communication with other prosecuting authorities throughout the world. Officials from law enforcement authorities of many countries have visited the SFO to brief us on their investigations and the evidence needed in the UK during the year.

24. The numbers of cases referred to the SFO via the Secretary of State between 1999 -2003 can be seen below:

| Table 1: MLA activity | 1999-00 | 2000-01 | 2001-02 | 2002-03 | 2003-04 | |-----------------------|---------|---------|---------|---------|---------| | Requests referred from UKCA | 35 | 52 | 56 | 39 | 27 | | Accepted | 15 | 37 | 46 | 35 | 25 | | Awaiting acceptance (at end of year) | 7\* | 7\* | 7\* | 3\* | 0 | | Supplementary requests | 10 | 24 | 50 | 26 | 29 | | Number of Countries | 16 | 22 | 23 | 24 | 30 | | Section 2 Notices issued for MLA | 109 | 141 | 262 | 181 | 252 | | Search Warrants executed for MLA | 0 | 0 | 0 | 2 | 10 |

Note: * Awaiting undertakings or further information to allow SFO to exercise powers.

25. During the year, assistance was given to 30 requesting countries in the investigation of their cases. Amongst these countries, requested assistance from Africa increased with Zambia, South Africa, Malawi and Sierra Leone asking the SFO to assist them with some major and sensitive investigations; within Europe and Eastern European states requests from Bosnia Herzegovina, Lithuania and the Ukraine were received and from South America we received requests from Costa Rica and Peru.

26. In addition to working on incoming letters of request, the MLA Unit encourages direct contact with foreign authorities to foster closer co-operation. Representatives from Mauritius, Bolivia, Kenya, Sierra Leone and the Ukraine, were provided with technical advice to assist them to understand more clearly the mutual legal assistance process in the UK. Formal presentations detailing the work of the Unit were given to representatives from China, Korea, Kenya, South America, Nigeria, South Africa and from other countries. 2003-04 Outturn

27. The provisional outturn for 2003-04 is £33.3 million, the same amount as in Estimates taking into account Supplementary Estimates.

Public spending plans:

28. Public spending plans are shown in Table 2 below:

| Table 2: Total public spending for the Serious Fraud Office | |-----------------------------------------------------------| | **£000** | 1998-99 Outturn | 1999-00 Outturn | 2000-01 Outturn | 2001-02 Outturn | 2002-03 Outturn | 2003-04 Estimated Outturn | 2004-05 Plans | 2005-06 Plans | |-----------------------------------------------------------| | **Consumption of resources:** | | Reducing fraud and the risk of fraud, and delivering justice and the rule of law | 16,006 | 15,847 | 19,636 | 23,030 | 26,214 | 31,850 | 30,390 | 35,802 | | **Total resource budget** | | 16,006 | 15,847 | 19,636 | 23,030 | 26,214 | 31,850 | 30,390 | 35,802 | | **of which:** | | Resource DEL(1) | | 16,006 | 15,847 | 19,636 | 23,030 | 26,214 | 31,850 | 30,390 | 35,802 | | **Capital spending** | | Reducing fraud and the risk of fraud, and delivering justice and the rule of law | 82 | 102 | 241 | 256 | 228 | 1,430 | 3,500 | 3,500 | | **Total capital budget** | | 82 | 102 | 241 | 256 | 228 | 1,430 | 3,500 | 3,500 | | **of which:** | | Capital DEL(1) | | 82 | 102 | 241 | 256 | 228 | 1,430 | 3,500 | 3,500 | | **Total public spending(2)** | | 16,050 | 15,902 | 19,762 | 23,108 | 26,259 | 32,980 | 33,140 | 37,702 |

(1) Departmental Expenditure Limits, set as part of 2002 Spending Review (2) Total public spending calculated as the total of the resource budget plus the capital budget, less depreciation Administration costs and staffing

29. Expenditure on administration includes current costs and the costs of capital spending. Administration expenditure includes general costs associated with the running of the office and covers such items as staff costs, other general administrative expenditure, IT services and accommodation costs. Investigation and prosecution programme expenditure covers Counsel fees, witness expenses and other direct case investigation and prosecution costs. No specific provision to cover very large cases has been made in plans, since both the incidence and size of such cases is unpredictable and are the subject of individual negotiation with the Treasury. Details of administration costs outturn and future plans are given in Table 3.

Table 3: Administration costs for the Serious Fraud Office

| | 1998-99 Outturn | 1999-00 Outturn | 2000-01 Outturn | 2001-02 Outturn | 2002-03 Outturn | 2003-04 Estimated Outturn | 2004-05 Plans | 2005-06 Plans | |----------------------|-----------------|-----------------|-----------------|-----------------|-----------------|---------------------------|---------------|---------------| | **Gross administration costs** | | | | | | | | | | Other | 5,355 | 5,785 | 6,596 | 7,286 | 7,291 | 9,805 | | | | Paybill | 4,954 | 5,441 | 5,890 | 7,936 | 9,327 | 10,670 | | | | **Total gross administration** | 10,309 | 11,226 | 12,486 | 15,222 | 16,618 | 20,475 | 21,240 | 25,002 | | **Total net administration costs** | 10,309 | 11,226 | 12,486 | 15,222 | 16,618 | 20,475 | 21,240 | 25,002 | | **Total net limits for gross controlled areas** | 10,309 | 11,226 | 12,486 | 15,222 | 16,618 | 20,475 | 21,240 | 25,002 |

Note: Changes in definitions of administration cost limits, on net basis, since last year’s Departmental Report

Total net administration cost limits on Stage 1 resource accounting and budgeting (RAB) 12,459 15,173 16,559 20,265 20,525 23,523

Plus additional non-cash items from move to full RAB, as part of 2002 Spending Review 27 49 59 210 715 1,479

gives figures in table above 12,486 15,222 16,618 20,475 21,240 25,002 30. The SFO operates a delegated budgeting system to encourage value for money, and budgeting rounds are held two or three times a year. Case budgets are delegated to case controllers and are reviewed as necessary in the light of changes in case plans and the SFO undertakes monthly reviews of expenditure throughout the financial year to ensure that expenditure stays within provision. Working procedures and management information needs are part of the strategic reviews that are continuing.

31. Systems for risk management are in place and regular reviews take place at the relevant levels within the organisation. The Management Board regularly monitor the identified key risks to the organisation. It is aided in this by the work of the Audit and Risk Committee which promotes and provides support on key overall corporate governance issues to the Board and Director. Development of financial and information systems continues and these will improve the management and delivery of the SFO aim and objectives. Improvements are planned to provide capture and dissemination of more timely and accurate information to managers within the SFO to support decision making, the achievement of objectives and accountability.

32. The SFO seeks to achieve a cost-effective balance between permanent and temporary staff and keeps its staffing plans (Table 4) under review so that staff numbers can be accommodated within administration costs provision. The increased resources allocated in the SR2002 will lead to a planned increase in staff in 2004-05. During 2003-2004, the SFO had nine members of the Senior Civil Service, falling within the salary bands indicated in Table 5.

### Table 4: Staff Numbers

| Staff years | 1998-99 Actual | 1999-00 Actual | 2000-01 Actual | 2001-02 Actual | 2002-03 Actual | 2003-04 Estimated Outturn | 2004-05 Plans | 2005-06 Plans | |----------------------|----------------|----------------|----------------|----------------|----------------|---------------------------|----------------|----------------| | Civil service full | 150 | 166 | 169 | 210 | 232 | 245 | 275 | 300 | | Time equivalents | | | | | | | | | | Overtime | 2 | 2 | 1 | 3 | 2 | 2 | 2 | 2 | | Casuals | 8 | 9 | 22 | 3 | 18 | 14 | 12 | 10 | | Total | 160 | 177 | 192 | 216 | 252 | 261 | 289 | 312 |

### Table 5: Senior Civil Service Salaries

| £5,000 Bands | Number of staff | |----------------------|-----------------| | £65,000 – 69,999 | 4 | | £70,000 – 74,999 | 2 | | £75,000 – 79,999 | 1 | | £80,000 – 84,999 | 1 | | £145,000 – 149,999 | 1 | Counsel fees and costs awarded against the SFO

33. Spending on counsel fees, a major component of programme expenditure and costs awarded against the SFO is now given in Table 6 below.

| | Outturn 1998-99 | Outturn 1999-00 | Outturn 2000-01 | Outturn 2002-03 | Provisional Outturn 2003-04 | £000s Plan 2004-05 | £000s Plan 2005-06 | |----------------------|-----------------|-----------------|-----------------|-----------------|-----------------------------|-------------------|-------------------| | Counsel fees | 2,790 | 2,461 | 3,951 | 4,000 | 4,500 | 4,500 | 4.5 | | Costs awarded | 192 | 0 | 0 | 145 | 18 | 0 | 0 |

Departmental Investment Strategy

34. The capital provision published in the SR2002 outcome details the total available to the department for administrative capital. All current and capital expenditure supports core operational functionality and are planned, as far as possible, to take account of changing circumstances which may affect these operations, in advance of their occurrence. The SFO will continue to seek value for money on all procurement and contracts. Given the small size of the SFO, this is most effectively carried out through maximising use of framework contracts set up by the Office of Government Commerce and continuing partnerships with other and larger public sector organisations that have dedicated resources working in these areas. The SFO is also looking at ways of leveraging better value through sharing of common services with sister organisations.

35. The SFO has not historically been asset rich. Office space is occupied on a full repairing lease and there is regular current maintenance expenditure to support the fabric of the property and make good the inherited maintenance backlog. Capital expenditure is mainly incurred on IT and office equipment and furniture. With the planned increase in SFO permanent staff, Elm House has become incapable of supporting the SFO’s space needs. As a temporary relief measure the SFO has therefore leased additional short term office space close to Elm House and is considering options for meeting longer term accommodation. The additional capital provision available from 2004-05 is a step change and provides the opportunity for the office to reconsider its investment plans and to seek to provide the tools to further promote effectiveness and efficiency. As a component of this the capital employed by the SFO and plans for the future have an increasing impact on our ability to deliver the aims and objectives of the office (see Table 7 below). Table 7: Serious Fraud Office Capital Employed

| | 1998-99 Outturn | 1999-00 Outturn | 2000-01 Outturn | 2001-02 Outturn | 2002-03 Outturn | 2003-04 Projected | 2004-05 Projected | 2005-06 Projected | |----------------------|-----------------|-----------------|-----------------|-----------------|-----------------|-------------------|-------------------|-------------------| | **Assets on balance sheet at end of year:** | | | | | | | | | | Fixed assets: | | | | | | | | | | Tangible of which: | | | | | | | | | | Other Equipment | 28 | 39 | 42 | 42 | 44 | 60 | 100 | 130 | | Computer equipment | 53 | 97 | 220 | 298 | 334 | 600 | 2,000 | 3,000 | | | **81** | **136** | **262** | **340** | **378** | **660** | **2,100** | **3,130** | | Current assets | 215 | 3,496 | 1,168 | 780 | 4,621 | 2,000 | 2,000 | 2,000 | | Creditors (\<1 year) | 240 | 3,074 | 1,840 | 2,676 | 6,292 | 3,000 | 3,000 | 3,000 | | Provisions | 126 | 348 | 307 | 353 | 379 | 330 | 300 | 300 | | **Capital employed** | **-70** | **210** | **-717** | **-1,909** | **-1,672** | **-670** | **800** | **1,830** |

Use of Information Technology

36. The Computer Forensic Unit (CFU) of the Serious Fraud Office is responsible for the acquisition and investigation of case relevant data from seized electronic devices. Nearly all SFO cases involve the analysis of computer data and the CFU contributes expertise and equipment to aid case investigators with this task. Keeping pace with change and especially volumes is a constant challenge. The CFU continually strives to meet these challenges and is heavily involved in the research and development of new techniques. The SFO has plans to increase the resource allocated to this area.

37. The DOCMAN project is a computer system which will support the Office’s case work from the initial acquisition and creation of documents through to the presentation of the case in Court. It will involve scanning all the case documents in to a computer so that case workers will be able to work on computerised images rather than paper documents and provide enhanced capability to produce documentation sets needed for prosecution purposes and will complement and extend the control the office exerts on the provenance of its evidence materials. This change will support targets to reduce the length of time required to investigate and prosecute cases. The DOCMAN system has continued to be developed during the year with three active cases now using the system. The final decision on acceptance and implementation of the DOCMAN system, will be taken by the Management Board in early 2004-05 following the production of the full business case.

38. The dependence of the SFO on information systems to carry out its daily operations continues to increase, particularly in relation to handling documentation, investigation and collaborative working. During the year work has continued on:

- The replacement of many desktop machines to support off-site working, and improve information presentation;
- Continuous review of the information technology strategy to ensure best value and placement to be able to respond to continuing IT changes;
- Rationalising the different types and versions of software used for investigation work and in the office, including a software applications and licensing audit;
- Continuous review of security in accordance with government policy to ensure continuing accreditation to the international standard ISO 17799;
- Further revision and testing of Business Continuity Plans to reflect changes and improved response capability;
- Upgrades to finance system to provide further basis for improved management information and support decision making;
- Advancing plans for HR records management, recruitment and payroll systems;
- Plans for electronic records management (ERM) and archiving to comply with central requirements and support access under the Data Protection Act;
- Extending collaborative work for the use of technology support and standards in courts and proceedings;
- Implementing and reviewing strategy for an office-wide intranet and knowledge management initiatives.

Environmental issues

39. Along with other Law Officer’s departments the SFO is working towards the targets set for sustainable development on the Government Estate. We continue to monitor energy consumption and strive to ensure that prudent use is made of these resources. The DOCMAN project and office IT strategy maintain our progression and commitment towards using less paper in the office environment and the presentation of our cases for trial. Environmental considerations form a part of our procurement process. Staffing

40. As at 1st April 2004, the SFO had 247 permanent staff compared with 238 at April 2003. These figures exclude consultants, counsel employed on individual cases and police officers working within the Office.

41. Recruitment has been ongoing throughout the year, particularly in relation to investigative and support staff. There have been a number of occasions where permitted exceptions to fair and open competition have been used. The resource needs of SFO cases are such that it proves necessary, from time to time, to appoint staff on short term contracts, particularly to provide support to off-site case teams – two people have been employed in this way over the year.

42. The SFO is committed to treating all applicants fairly and reasonably irrespective of their ethnic or national origin, sex, marital status, sexual orientation, religion or disability. Our processes are kept under regular review to ensure that any indicators of bias are highlighted and tackled. The SFO is similarly committed to treat all its employees fairly. Table 8 analyses staff by grade and shows the number of women, ethnic minority and disabled staff in post at 1st April 2004. During the year, the SFO constituted an Equality and Diversity Committee to promote and monitor these policies within the office.

| Band | No. of posts | Women | Ethnic Minority | Disabled People | |----------|--------------|-------|-----------------|-----------------| | SCS | 9 | 2 | 0 | 0 | | G7 – G6 | 57 | 20 | 5 | 3 | | HEO – SEO| 58 | 17 | 10 | 5 | | EO | 67 | 35 | 14 | 4 | | AO | 62 | 45 | 21 | 1 | | **Total**| **253** | **119**| **50** | **13** | Human Resource Management

43. This year we have continued our work to improve the way staff are managed, assessed and rewarded. We have:

- Built on the competency framework introduced for staff below the Senior Civil Service. The framework gives a clear statement of what is expected from staff, provides a more consistent approach to performance assessment and a more effective method of identifying development needs;

- Continued the programme of mandatory diversity training for all members of staff to raise awareness of this important subject;

- Successfully operated a Special Bonus Committee, formed from a cross section of staff, which meets regularly to consider nominations for special awards for work of particular merit;

- Extended the scope of fluid grading within the office to fit needs and ensure responsiveness, with encouraging results;

- Successfully completed a fair pay audit and continued with our pay progression arrangements; and

- Started work on recruitment and training strategies to ensure that skills and the availability of those skills better match business needs.

44. Training and development remains a major priority for the SFO. We encourage development amongst our staff, including those who demonstrate the commitment and ability to obtain external qualifications. The Office was reaccredited as an Investor in People and is approved to train solicitors and take pupil barristers. We also have Approved Employer status for the Association of Chartered and Certified Accountants.

Sickness absences

45. The SFO continues to monitor sickness absence and referrals to our occupational health service are made in appropriate cases. Our absence figures for 2003 show an average of 6.7 days sick absence per permanent employee, which equates to an absence rate of 3%. Further information

46. Further information on the work of the SFO may be obtained from:

SFO Elm House 10-16 Elm Street London WC1X 0BJ

Telephone number: 020 7239 7272

Fax number: 020 7837 1689

Website: www.sfo.gov.uk

Bibliography

SFO Annual Report 2002-2003 (HC869) published by HMSO July 2003 (ISBN 0-10-2922) 3

Treasury Solicitor’s Department Introduction

1. The Treasury Solicitor’s Department Estimate covers the Treasury Solicitor’s Department Agency (TSDA), which includes the Government Legal Service Secretariat (GLSS), the Legal Secretariat to the Law Officers (LSLO), and HM Crown Prosecution Service Inspectorate (HMCPSI).

2. TSDA provides legal services to Departments of central government and to other publicly funded bodies, and collects and manages bona vacantia on behalf of the Crown. TSDA’s two main work streams are divided between Litigation and Advisory legal services.

3. GLSS supports the Treasury Solicitor in her role as Head of the Government Legal Service (GLS). It develops policies that enhance the reputation, effectiveness and corporate cohesiveness of the GLS.

4. LSLO provides legal and policy advice and support to the Attorney General and the Solicitor General, the Law Officers.

5. HMCPSI is the independent Inspectorate for the Crown Prosecution Service.

6. Receipts from Client Departments meet over 90% of the costs of the work undertaken by TSDA (either through hourly fees or a per capitation charge rate), and this part of the Estimate operates on net administration costs control. The public interest work undertaken by TSDA and the other areas of the Estimate are met by funds voted by Parliament. Ministerial oversight of all the areas covered by the Estimate rests with the Attorney General.

Treasury Solicitor’s Department Agency (TSDA)

07. The post of Treasury Solicitor was formally established in 1661 and a separate Estimate for a permanent staff was granted in 1806. The Department’s role was established by the Treasury Solicitor’s Act 1876, which made the Treasury Solicitor a corporation sole. The Department has been shaped in modern times by its launch as an Executive Agency in April 1996, and its move to net administration costs control in April 1999, which enables it to respond more effectively to demand from clients for its legal services.

08. The Treasury Solicitor is also Head of the Government Legal Service (GLS), which embraces 1,800 lawyers employed in around 40 Government Departments, Agencies and other public bodies. Management Structure

09. The Treasury Solicitor, as Chief Executive and Accounting Officer of TSDA, is supported in delivering her responsibilities by the Supervisory and Executive Boards.

10. The Supervisory Board includes all of the Agency’s directors. Its role is to advise the Chief Executive on the broad strategic direction of TSDA business and provide collective leadership across the department.

11. The Executive Board is a smaller group of directors representing different Agency business areas – litigation, legal advice, and corporate services. Its role is to support the Chief Executive in managing the Agency and delivering the Agency’s business plan. It also advises and supports the Supervisory Board in carrying out its responsibilities.

Aims and Objectives

12. TSDA’s prime objective is: to undertake its functions so as to provide high quality legal services which meet the needs of clients and offer them good value for money; offer the staff rewarding careers; and thus maintain a high reputation for the Agency. In summary, TSDA seeks to achieve in everything it does:

- Satisfied Clients;
- Satisfied Staff; and
- a High Reputation

Internal Control

13. TSDA’s senior management have implemented a programme of improvements in internal control and management systems. These include:

- Using the Agency’s Business Strategy Unit to co-ordinate and support senior management in risk management, business planning, programme management and performance measurement;

- Increasing the relevancy of risk registers for the Department, including improved risk registers for individual Divisions and ensuring there is consistency between Divisional and Agency risk registers;

- A review of our client base that resulted in the production of guidance for dealing with clients’ legal risks.

14. TSDA also has an Audit Committee providing independent assurance that the Agency’s processes and working practices are robust. The committee, which meets three times a year, comprises three independent advisers, one of whom chairs the committee, as well as nominated TSDA directors.

15. During 2003-04, the Department focussed particularly on security matters and this will continue. A Security Committee in TSDA oversees security policy and practice, and was instrumental in a re-launch of the TSDA security policy in September 2003. TSDA is compliant with the BS7799 standard for information security management, and third party certification was completed in February 2004.

The Agency’s work

16. TSDA is structured to meet the needs of its clients. The work of each Division is summarised below.

17. **Litigation Division** provides civil litigation services to the majority of Government Departments and many other publicly funded bodies. It is one of the largest civil litigation practices in the country. Among its major areas of work are general administrative law; immigration; commercial and property litigation; personal injury and clinical negligence; planning; and charity matters. The Division also plays a major role in Public Inquiries. Its work often raises questions of constitutional importance, for example in the developing area of human rights. It instructs private sector barristers and solicitors to undertake work on cases where it is appropriate to do so; the fees paid for this work are known as operational costs in the Estimate. The Division recovers the majority of its costs by billing client Departments for its time. Work undertaken by the Division in the general public interest, as opposed to on the behalf of particular clients, is funded through the voted Estimate. The Division has budgeted for 298 staff for 2004-05.

18. **Advisory Divisions** provide legal advice to Ministers and officials of the Departments for Culture, Media and Sport; Department for Education and Skills; and HM Treasury. Each of these Divisions is co-located with the client. As of April 1st 2004, TSDA legal advisers located at the Ministry of Defence will join the Ministry of Defence staff. The Cabinet Office and Central Advisory Division, based at the Agency’s headquarters, provides legal advice to the Cabinet Office on domestic matters and advice to a number of smaller Departments and publicly funded bodies. In conjunction with the Employment and Commercial Contracts Group, COCAD also seeks to ensure a co-ordinated approach to employment law questions across Government Departments. Advisory services cover all aspects of client Departments’ work, including drafting instructions for Parliamentary Counsel; preparing statutory instruments; working with client Departments on the development of policy; and assisting the passage of primary legislation. The full cost of advisory work is recovered from clients, through a mix of per capitation and hourly fee charging. The Advisory Divisions have budgeted for 131 staff for 2004-05.

19. **Employment and Commercial Contracts Group** is one of the largest employment practices in the country. It provides employment litigation and/or advisory services to Government Departments and other publicly funded bodies. The Group also gives advice to a number of Departments on general contractual issues through its Procurement and Commercial Contracts Team. In doing so, the team often makes use of external lawyers either through L-Cat (a series of framework agreements under which selected firms of solicitors can perform legal services for Government Departments and other public bodies without the need for further competition), or its own panel of solicitors. The Group also provides legal advice to the Office of Government Commerce on EC legislative proposals, infraction proceedings against the UK, and e-commerce generally. The costs of the Group are met by clients, through a mix of capitation and hourly fee charging. The Group has budgeted for 61 staff for 2004-05.

20. **European Division** provides and co-ordinates legal services in support of the Government’s policies in relation to the European Union. It advises the European Secretariat of the Cabinet Office, conducts all litigation on behalf of the UK in the European Court of Justice, and through co-ordination seeks to ensure a consistent approach to questions of Community law across UK Government Departments and the Northern Ireland, Scottish and Welsh administrations. The Division also provides training on EU matters across the Government Legal Service. The costs of the Division’s work is funded by the Estimate. The Division has budgeted for 17 members of staff for 2004-05.

21. **Bona Vacantia Division** administers the estates of persons who die intestate and without known relatives, and collects the assets of dissolved companies and failed trusts in England and Wales (except for the Duchies of Cornwall and Lancaster). The collection of bona vacantia in Northern Ireland is dealt with by the Crown Solicitor under the direction of TSDA. The costs of the Division are met from the assets collected that are due to the crown. The Division transferred a sum of £12 million to the Exchequer in respect of bona vacantia collected during 2002-03 and expects to transfer increased amounts during 2003-04 and 2004-05. The Division has budgeted for 41 staff for 2004-05.

22. **Government Legal Service Secretariat** is a separate unit within TSDA whose purpose is to provide effective advice and support to the GLS and the Treasury Solicitor (as head of the Government Legal Service) in support of her role in providing leadership and strategic direction to the GLS, and promoting a corporate ethos. The aim of the Secretariat is to ensure the development of policies which enhance the reputation, effectiveness and corporate cohesiveness of the GLS, and to promote practices and behaviours which ensure the maintenance of a cadre of well-trained and motivated government lawyers, representative of the wider legal community. The majority of the costs of the Secretariat are met by the Estimate, though it does charge other GLS departments direct costs of some of the services provided to them. The Secretariat has budgeted for 13 members of staff for 2004-05.

23. **Directorate of Corporate Strategy (DOCS)** has responsibility for planning, prompting and implementing strategic, business and policy development throughout the Agency. It also provides business support services in the areas of financial management, human resources, information systems and office services. The Director of Corporate Strategy heads the Business Strategy Unit which organises cross-cutting planning work in the Agency. The Directorate’s responsibilities underpin the Agency’s programme for modernisation and for re-investment of fee income into frontline client-serving staff. The cost of DOCS is apportioned over the operational areas of the Department and recovered, as appropriate, through charges to clients and from the Estimate. The Directorate has budgeted for 161 staff for 2004-05.

Development Strategy

24. During 2002-03, TSDA published a Corporate Plan setting out how it would develop its services from 2003 to 2006 (available from the Department’s website as detailed in the ‘Further Information’ section of this Report). The Plan was informed by two key reviews undertaken with the assistance of external consultants: a review of business processes in Litigation Division and a review of the Agency’s Performance Measures. The Plan was approved by the Attorney General.

25. The strategy adopted is to strengthen and deepen relationships with existing and potential clients through the introduction of improved client focussed ways of working. This will be implemented through three major programmes:

- Client Care
- Modernisation
- Investing in People

26. These programmes, which are described below, take forward the considerable development of TSDA since its first Quinquennial Review in 2001. This has included: the appointment of Client Care Managers to increase awareness of the importance of delivering the right legal product in the way that will best help the client to meet their own objectives; significant development of Information Technology and other systems; and the introduction of greater management discipline. TSDA has also increased its role in the co-ordination of legal issues across Government as a whole, in particular through the inter-departmental LION (Legal Information On Line) intranet. All of this has provided a strong infrastructure on which to build.

Client Care

27. TSDA exists to support its clients in delivering their public service objectives. It has a senior Client Care Group that has taken forward a number of initiatives during 2003-04 to share and extend best client care practice across all areas of work. That Group will continue to monitor, and support the improvement of, client relationships in 2004-05.
28. The Group supported the delivery of a number of specified priorities during 2003-04, including:

- The production and distribution of a client brochure, providing information on the range of products and services available to existing and potential clients;

- A revised client satisfaction survey methodology, the results of which will allow for focussed improvements to the way services are delivered to clients;

- The development of internal client care principles, standards and guidance – identifying the specific things each member of staff can do in the delivery of their work to provide top quality client care, and to embed these into working practices; and

- Improving the range of additional services offered to clients to help them learn lessons from legal problems and to prevent potential problems from arising. Most notably in this area, the Agency has produced a range of client newsletters, which focus on specific areas of law. Response from clients has been very positive, and there are plans to extend the range during 2004-05.

29. The graphs below show the results of the Agency’s most recent client satisfaction surveys, available at the time of printing.

**Litigation and ECCG**

30. The graph below shows the percentage of clients satisfied in relation to the performance of Litigation and ECCG staff. These results were gathered in 2003-04, using the new client satisfaction survey methodology. Advisory

31. The graph below shows the percentage of clients who said they were satisfied with the overall service provided by the Advisory Divisions. In addition, specific questions were asked about availability, response times, clarity and effectiveness. These results were gathered in 2002/03. At the time of printing Advisory clients are being surveyed for the second time, using a revised methodology. The results of this new survey will be published in the Agency’s Annual Report.

Modernisation

32. The Agency continues to drive forward a far-reaching programme of modernisation, the scope of which extends to work systems, the office environment and cultural change.

Modernising Casework and PRACAMS

33. The key tool for facilitating modernisation in case management, in Litigation Division, ECCG and COCAD, will be a computerised practice and case management system, PRACAMS. Following comprehensive scoping of requirements and a competitive tender, TSDA signed a contract with Solicitec Ltd in December 2002 to supply the PRACAMS system. Roll-out of the system will commence in 2004 with a target completion date of autumn 2005.
34. PRACAMS will enable the Agency to give clients more of what they want, for example, detailed, up-to-date information on case costs and Counsel’s bills. Bringing information on cases into one database will enable:

- Automation of some working processes (producing standard letters, etc., which will free up time)
- Entering information into the system once and then being able to share that information amongst all PRACAMS users within TSDA
- Providing access to case information across and within teams
- Better records and document management
- Improved management information and control across most of the Agency
- Up-to-date reference data
- Reminders for key tasks

35. PRACAMS is being implemented as part of a wider programme of work, Modernising Casework, which commenced during 2002-03. In addition to the on-going development of the PRACAMS computer system, work has progressed on two main fronts: establishing a more systematic approach to quality assurance across all of the Agency’s litigation casework and realigning the roles of Team Leaders and Case Officers to strengthen accountability and management responsibility for litigation cases. This new system builds on existing good practice. The aim in the coming year is to embed this more firmly and consistently across the Agency.

Electronic Document and Records Management

36. The PRACAMS roll-out will be supported by an electronic records management system (eRIK). This is a key element of our Information Management strategy (see below), and will enable the Agency to meet the Modernising Government requirement that all documents created electronically can be stored and managed electronically. It is intended that eRIK will be available to support the work of all TSDA staff.

Accommodation

37. TSDA headquarters are currently in Queen Anne’s Chambers, which provides accommodation that is restrictive, old fashioned, expensive to maintain, and not conducive to modern working practices. As a result, poor quality accommodation and lack of space have been identified as key risks to the organisation. In November 2003 the Supervisory Board took the decision to move to new accommodation. At the time of printing negotiations are in hand to finalise contractual arrangements that will lead to TSDA moving to new accommodation, near to the Royal Courts of Justice, in 2005.

38. A move to more modern premises, and open plan layout, will address the issues linked to lack of, and flexibility in, office space; as well as providing a working environment that supports team working and leadership.

39. Some of the main benefits that the move will bring include:

- Modern, professional, functionally suitable facilities;
- Facilities that meet modern guidelines for work-space, including PACE/OGC Requirements for Office Buildings, and British Council for Offices guidance;
- Facilities that meet legislative requirements, such as the Disability Discrimination Act;
- Facilities and services that are sufficiently flexible to enable the delivery of short, medium and long-term business needs; and
- The move represents value for money. We are required next year to meet minimum Health and Safety standards as they change, and our advisers have estimated that the full refurbishment recommended for QAC would cost £19 million. The rental deal being offered by CAA can be afforded without a major increase in charge-out rates for clients, and includes a full refit of the building being funded by CAA.

Investing in People

40. TSDA relies on and values its staff and aims to provide them with satisfying careers. The Agency is proud to be recognised as meeting the Investors in People standard and was granted re-accreditation in November 2003.

41. It is critical that people in the Agency have the skills and support they need to perform to a consistently high standard. A key part of this is ensuring that those in management have the leadership qualities to give direction and support at times of considerable challenge and change. Work in this area continues and incorporates measures being taken across the Civil Service to improve leadership capability in the SCS. A range of management and leadership development programmes are available to members of the Agency. Consideration is currently being given to how these can be enhanced.

42. During 2003-04, TSDA has continued to develop HR practices and processes. These were co-ordinated through an HR Group, chaired by the Treasury Solicitor. The work has included:

- Overseeing career development policies
- Review of recruitment • Planning and consideration of staff moves, postings and forthcoming vacancies

• Providing advice on the implementation of HR policies

43. TSDA continues to benefit from the new staff appraisal system, resulting in much improved quality and timely staff reporting. All staff have attended appraisal training.

44. The continuous recruitment campaign for Government lawyers has enabled TSDA to reduce its reliance on temporary staff, however it continues to use a limited proportion of temporary staff to cushion volatility in demand. Permanent staff also filled a significant number of administrative vacancies during 2002-03. This has reduced the numbers of temporary administrative staff used by TSDA in 2003-04.

45. In addition, a number of interchange opportunities have been taken for developing staff through secondments, European stages, detached national experts, and the Pegasus scholarship.

46. During 2003-04, TSDA has further developed its staff systems in line with the Client Care and Modernising Casework/PRACAMS programmes. This has included developing job profiles that define the key accountabilities and associated competencies for Litigation Case Officers, Team Leaders and Group Leaders.

47. In 2002-03 a comprehensive staff attitude survey was designed and sent out to all members of TSDA staff. The survey sought views on all aspects of working for the Agency: management, communications, diversity, working environment, rewards and recognition. The results of the survey informed the Agency’s successful application for re-accreditation as an Investor in People.

48. An action plan to address the issues raised by the survey results has been drawn up, following consultation with staff, in 2003-04. The plan addresses all members of the Agency, from Chief Executive to team member, and progress made on the action plan is monitored in team meetings and at quarterly business plan review meetings held between the Treasury Solicitor and each Head of Division.

49. A Working Hours Group was set up to consider wider flexible working patterns in the Agency. A number of recommendations were made, and the work was then progressed by the Diversity Group. The results of the staff survey confirmed that this was an important issue for staff, and the Agency has continued to develop and implement its policies on flexible time in 2003-04 – the range of available working patterns, complete with guidance on how to approach flexible working, has been advertised to all staff members, and the topic of flexible working is regularly considered at team meetings. Value for Money

50. TSDA’s position as the provider of civil litigation services across Government allows the Agency to provide their clients with high quality, low cost legal services. The Agency aims to respond pro-actively to maintaining value for money in all of its activities.

51. The PRACAMS and eRIK strands of the modernisation programme will result in increased effectiveness. Both of the systems will enable improved access to case tracking, storing and sharing of key information, and the generation of standard letters and templates – all of which will increase the efficiency of the lawyer and the service delivered to clients.

52. A Procurement and Contracts Manager has been appointed, to spread procurement best practice throughout the Agency – this will assist all managers in their dealings with vendors, and ensure that we achieve value for money in all of our transactions. In particular, the Agency is increasing its use of framework contracts such as L-CAT through OGC or in collaboration with other departments.

53. In addition, a review of consultants used within the Agency has been conducted, and recommendations from the review are being implemented, to ensure that our temporary staff perform well, in terms of work produced and value for money. A value for money review of business support services is planned for 2004-05.

Information Management

54. The PRACAMS and eRIK projects represent significant progression made in the Agency’s drive towards improved information management. Automating such processes as records management, case histories, and time tracking will result in an overall increase of accessibility to key information, and efficiencies.

55. In addition, TSDA’s intranet, TSOL, puts key information about TSDA in one place, in a user-friendly and searchable format. The site has continued to be used widely for TSDA communications, and has greatly assisted with developing a sense of community within the Agency.

56. The core network and the firewall have been upgraded, to increase the capacity of the network and assure reliability.

57. TSDA has also played a key role in continuing to support and develop LION, the Government Legal Service-wide intranet. This has included leading the procurement of legal information subscription services for 32 Government Departments.

Regulatory Reform Action Plan

58. TSDA is not a regulatory department and has no actions to be completed in the Action Plan. Legal Secretariat to the Law Officers (LSLO)

59. LSLO is a separate Department, for which the Treasury Solicitor is the Accounting Officer. Its objective is to provide high-grade legal and policy advice and support to the Law Officers in their role as principal legal advisers to the Crown and Ministers; and in the discharge of their statutory responsibility for superintendence of the Directors of Public Prosecutions in England and Wales and Northern Ireland, the Director of the Serious Fraud Office, and the Director of CPSI. Superintendence involves consideration of issues relating to prosecution policy and practice as well as to cases that engage the Law Officers’ public interest role. The Law Officers are also responsible for the work of the new Customs and Excise Prosecution Office.

60. In addition the Attorney General holds the separate post of Attorney General for Northern Ireland and in that role superintends the Director of Public Prosecutions for Northern Ireland and appoints and is responsible for the Crown Solicitor.

61. The Law Officers also have responsibility for bringing certain types of legal proceedings in their own name in the public interest and for granting of consent to prosecutions for offences. The Attorney General appoints Advocates to the Court to assist the Courts in civil and criminal proceedings, and Special Advocates in proceedings brought before SIAC and in certain other cases. LSLO ensures appropriate co-ordination across the Law Officers’ Departments and contributes towards developing, with those Departments, the cross-cutting policies for the Criminal Justice System.

62. LSLO is undergoing a review of the way in which it provides support to the Law Officers. How quickly the Review can be implemented and the timing of the appointment of any additional staff depend on a number of factors that make any precise forecast impossible. It is also likely that the Secretariat will need either to move location or to take on additional rented space in the next financial year. The costs of LSLO are met from the Estimate. The Secretariat has budgeted for 50 members of staff during 2004-05.

HM Crown Prosecution Service Inspectorate (HMCPSI)

63. HMCPSI was established as an independent statutory body by the Crown Prosecution Service Inspectorate Act 2000, which came into effect on 1st October 2000. The Chief Inspector is appointed by and reports to the Attorney General. He is an Additional Accounting Officer within the Estimate with responsibility for HMCPSI expenditure.

64. HMCPSI meets its strategic objective by:

- Facilitating improvement in the prosecution functions that it is inspecting;
- Encouraging joined-up working within the CJS; and
- Providing assurance to the Attorney General, DPP and CPS Chief Executive on the performance of the CPS.

65. HMCPSI completed its first cycle of inspections in Autumn 2002 and has since developed a revised Inspection Methodology that enables individual aspects of performance to be selected by the use of risk assessment and intermediate inspections to be tailored to suit the particular area being inspected.

66. Each Business Unit, or CPS Area, will receive a visit approximately every two years and full inspection at least once every four years. The methodology framework embraces the opportunities presented by the Business Excellence Model in many CPS Areas, whilst not disadvantaging any Areas that have chosen not to adopt it.

67. The evidence gathering process is more streamlined and greater use is made of questionnaires and group/joint interviews to shorten the inspection period. This resource saving enables the Inspectorate to focus more strongly on joint inspection activity across the Criminal Justice System and to undertake more thematic reviews.

68. As the result of a request from the Chief Executive of the Crown Prosecution Service, HMCPSI now undertakes short follow-up inspections approximately six months after the publication of inspection reports.

69. The costs of HMCPSI are met from the Estimate. The Inspectorate has budgeted for 52 members of staff during 2004-05.

70. HMCPSI has been the subject of two reviews in the past year; the Office of Public Service Reform review of inspection regimes and the National Criminal Justice Board commissioned review of criminal justice system inspectorates. A decision in light of the findings of these reviews is awaited and may affect the delivery of the Inspection programme in 2004-05.

71. Reports performed:

**Area/HQ Inspection Reports, 2003-2004**

- Suffolk (Intermediate)
- Derbyshire (Full)
- Northumbria (Intermediate)
- West Mercia (Intermediate)
- Norfolk (Intermediate)
- Durham (Intermediate)
- Lancashire (Full)
- Cleveland (Intermediate)
- Nottinghamshire (Intermediate)
- Humberside (Full)
- London (Re-inspection)
- Dorset (Intermediate)
- Essex (Intermediate)
- North Yorkshire (Full)
- Northamptonshire (Full)
- Gloucestershire (Full)
- Merseyside (Full)
- Leicestershire (Full)
- Kent (Full)

**Thematic Reports 2003-2004**

- Business Planning
- The Handling by the CPS of British Transport Police Casework Joint Inspection Reports 2003-2004

Street Crime Initiative (Streets Ahead) (with HMIC, SSI, HMMCSI, HMI Prisons and HMI Probation)

The Investigation and Prosecution of Cases Involving Domestic Violence (with HMIC)

Gloucestershire Criminal Justice System Area (with HMIC, HMMCSI, HMI Prisons and HMI Probation)

2002 Spending Review

72. One of the outputs from the 2002 Spending Review was a new set of performance targets for TSDA, agreed with the Attorney General and HM Treasury. The new targets, covering the areas of client service, cost, and Government productivity targets, have been effective since 1st April 2003 and are designed to promote TSDA’s strategy. The targets also reflect the increasingly competitive environment in which many parts of the Agency now operate, which in itself is a powerful impetus to improved performance.

73. The targets are kept under review to ensure that they drive our key aims of client service and value. They are:

For Client Service:

- To introduce a professionally informed client survey methodology for all the Agency’s legal work by September 2003.

The Supervisory Board agreed a revised survey methodology at its September 2003 meeting.

- To meet client satisfaction levels as measured by survey results of
  - At least 95% for Advisory Divisions
  - At least 90% for Litigation Division and ECCG

The 2004-05 target satisfaction levels have been rolled forward from the 2002-03 baselines. These baselines relate to the previous survey system and, following the introduction of new methodology for the 2003-04 surveys, consideration is being given to setting revised targets against a possible new baseline.

For Cost:

- To recover from clients the full operating costs for chargeable services.

- To maintain corporate staff overhead costs at no more than 15% of total staff costs. For Government Productivity Targets:

- To reduce sick absence per staff year by 30% by 2004-05 (base year 1998-99)

- Achieve a level of ill-health retirements by 2005 consistent with or better than the best quartile target of 3.72 retirements per 1,000 employees

- To pay all undisputed supplier invoices in accordance with terms or within 30 days

74. TSDA’s performance against target is outlined below:

| Performance Measure | Outturn 2002-03 | Forecast Outturn 2003-04 | |----------------------------------------------------------|-----------------|--------------------------| | **Client Service** | | | | To meet client satisfaction levels as measured by survey results of 95% for Advisory Divisions, and 90% for Litigation Division and ECCG | 98% Advisory | 98% Advisory\* | | | 98.8% Litigation| 99% Litigation (actual) | | **Cost** | | | | To maintain corporate staff overhead costs at no more than 15% of total staff costs. | 14.77% (average) | 14.26% (average) | | To recover from clients the full operating costs of chargeable services | Achieved | Achieved | | **Other Government-wide Efficiency Targets** | | | | To reduce sick absence per staff year by 30% by 2003-04 (base year 1998-99) | 17.8% reduction on base year | 40.42% reduction on base year | | Achieve a level of ill-health retirements by 2005 consistent with or better than the best quartile target of 3.72 retirements per 1,000 employees by 2005 | 1.39 per 1,000 (average) | 1.39 per 1,000 (average) | | To pay all undisputed supplier invoices in accordance with terms or within 30 days | 98% | 92% |

- 2003-04 outturn for Advisory Divisions has been forecast using the 2002-03 client satisfaction survey methodology. 2004-05 Resource Estimate

75. As can be seen from the core tables in the annex to this report, the Department’s net administration costs for 2004-05 will increase by £0.5 million. This reflects increased activity in the work of European Division and at LSLO, both of which are funded through the Estimate.

76. The Department also receives Voted funds to meet third party costs arising from its conduct of clients’ legal work. These are known as operational costs and include payments to Counsel, expert witnesses and solicitor agents. These costs, which will amount to £33 million in 2004-05, are billed to client Departments and the proceeds are Appropriated in Aid. Where such costs are incurred on cases undertaken in the general public interest, and are not therefore attributable to specific clients, they are charged to the Estimate (£2.6 million in 2004-05).

77. The Department’s Net Resource Requirement for 2004-05 is £13 million. This is £0.5 million more than 2003-04 for the reasons given above.

78. The levels of staff and the expenditure against each sub-head in the Estimate are summarised below:

| Treasury Solicitor’s Department | 2000-01 | 2001-02 | 2002-03 | 2003-04 | 2004-05 | 2005-06 | |---------------------------------|---------|---------|---------|---------|---------|---------| | Core staff numbers | 459 | 444 | 528 | 589 | 686 | 686 | | Gross administration costs | 26,190 | 30,804 | 36,745 | 42,474 | 38,473 | 38,471 | | LSLO | | | | | | | | Core staff numbers | 32 | 35 | 33 | 34 | 40 | 40 | | Gross administration costs | 2,383 | 2,694 | 3,066 | 3,321 | 3,671 | 3,671 | | HMCPSI | | | | | | | | Core staff numbers | – | 44 | 44 | 43 | 52 | 52 | | Gross administration costs | – | 3,000 | 3,278 | 3,861 | 3,961 | 3,961 |

Departmental Investment Strategy

79. The Department’s investment strategy is directly linked to achieving its objectives. The total net book value of the Department’s fixed assets at 31st March 2003 was £28.1m, comprising £27.5 million land and buildings and £0.6 million IT equipment and furniture. This is expected to rise to £32 million by 31 March 2004 and £35 million by 31 March 2005.
80. In 2003-04 TSDA has continued its policy of investing in improving and developing systems to support its business. In particular, investment has been made in the following areas:

- The ongoing development of PRACAMS including preparation for the implementation of the system in 2004-05;
- The provision of a new hardware platform, initially to support the PRACAMS system, and designed to provide a more resilient platform for other core systems;
- The selection of an Electronic Document and Records Management system that initially will be implemented as part of PRACAMS but eventually will be used across TSDA;
- The upgrade of TSDA’s accounting system to the latest version of the software; and
- The completion of work to implement a new network infrastructure including the re-cabling of QAC.

81. LSLO continue with a contract negotiated by the Serious Fraud Office with IBM, to provide a fully managed IT service. LSLO has also invested in a computerised library system and electronic records management system during 2003-04. The Crown Prosecution Service provides HMCPSI with IT services.

82. During 2003-04, TSDA continued work with the Office of Government Commerce to set-up a model Centre of Excellence for project and programme management delivery. This work will extend into 2004-05.

Human Resources Management

83. As at 1st April 2003 there were 646 staff in post in TSDA and LSLO, of whom 208 were recorded as non-respondents or non-participants in the disability and ethnic origin surveys.

84. Of those staff in post 45% were male and 55% were female. 4.6% had declared a disability and, of those who had declared an ethnic origin, 23.6% were from ethnic minorities.

85. There were 50 promotions in the year 1st April 2003 to March 2004. Of those promoted none had declared a disability; 40% were male and 60% female. Promotees declaring their origin were 84% white and 16% ethnic minorities.

86. These figures do not include HMCPSI, who run their own equal opportunities policy and race equality scheme under the Race Relations Amendment Act 2000.

87. The Department has met the Government’s target to undertake an equal pay review by April 2003, and has put in place new pay arrangements effective as of December 2003. The Department’s Diversity Group and Human Resources branch are actively engaged in monitoring and reviewing the success of the scheme. Paybill and Senior Civil Service (SCS)

88. More than 64% of the total gross administration costs for the Department are pay related. The paybill figure includes salaries paid to members of the SCS. On 1st April 2003 the SCS salaries were:

| Salary Band £k | No. of Staff | |----------------|--------------| | 45 – 49,999 | 0 | | 50 – 54,999 | 2 | | 55 – 59,999 | 5 | | 60 – 64,999 | 5 | | 65 – 69,999 | 12 | | 70 – 74,999 | 13 | | 75 – 79,999 | 6 | | 80 – 84,999 | 1 | | 85 – 89,999 | 1 | | 90 – 94,999 | 2 | | 95 – 99,999 | 4 | | 100 – 104,999 | 1 | | 105 – 109,999 | 1 | | 110 – 114,999 | 1 | | 115 – 124,999 | 0 | | 125 – 134,999 | 0 | | 135 – 144,999 | 1 | | **Total** | **55** |

Recruitment Information

89. The Department is bound by the Civil Service Commissioners rules on fair and open competition and selection on merit. Systems are subject to internal review and TSDA and LSLO were last audited on behalf of the Commissioners in May 1999.
90. Between December 2002 and 30 November 2003, 103 new members of staff were recruited to the Department by means of fair and open competition.

| Grade | Number | Male | Female | Ethnic Minority | Disabled | |------------------------|--------|------|--------|-----------------|----------| | Grade 6 | 3 | 1 | 2 | 0 | | | Grade 7 | 23 | 10 | 13 | 0 | | | Legal Officer | 14 | 5 | 9 | 1 | | | Legal Trainee | 8 | 1 | 7 | 0 | | | Administrative Grades | (SEO, HEO, EO, AO, PS and SGB) | 55 | 23 | 32 | 18 | | TOTAL | 103 | 40 | 63 | 19 Below 5% | |

91. During the period specified above, exceptions to the OCSC Recruitment Code were used on eight occasions. Of these, four were extensions to casual contracts where projects or work on Public Inquiries had extended beyond the expected end date. These figures do not include HMCPSI, who run their own recruitment policies and practice.

The Environment

92. The Department’s business provides limited opportunity to subscribe directly to wider environmental policy formulation and to the Sustainable Development in Government initiative. The Solicitor General is the responsible Green Minister and TSDA, together with the other Law Officer’s Departments, reports to her on all relevant issues.

93. The department has a Green Housekeeping Policy and a Green Transport Plan, which are kept under review and which all staff are encouraged to follow (e.g. energy efficiency, recycling paper, etc). The department also recycles fluorescent tubes and toner cartridges and seeks to purchase environmentally friendly goods (e.g. recycled paper, cleaning consumables) and services (e.g. the GCDA Green Taxi service) wherever possible.

94. The department will, with other Law Officers’ departments, be playing its part in meeting the targets set in the framework for Sustainable Development on the Government Estate.

Health & Safety

95. A Health and Safety Committee continues to work to ensure that Health and Safety issues within the Department are handled within the principles of corporate governance as laid down by the revitalising Health and Safety initiative. The Committee’s duties include keeping Health and Safety policy and practice under review; considering suggestions put forward by Committee members and staff more generally as to improvements in the department’s Health and Safety regime; and promoting awareness of Health and Safety issues in order to encourage staff to achieve high safety standards.
96. TSDA is committed to maintaining levels of Health and Safety within Queen Anne’s Chambers, although one of the drivers behind the move to new premises was the rising costs of this work.

Further Information

97. Further information on the work of the Treasury Solicitor’s Department may be obtained from:

Business Strategy Unit Treasury Solicitor’s Department Queen Anne’s Chambers 28 Broadway London SW1H 9JS

Telephone 020 7210 4599

www.treasury-solicitor.gsi.gov.uk

Bibliography

2002 – 2003 Annual Report for Treasury Solicitor’s Department Treasury Solicitor’s Corporate Plan 2003-2006 Treasury Solicitor’s Department Framework Document All documents are available from the website address above.

### Capital employed for the HM Procurator General and Treasury Solicitor

| Year | 1998-99 Outturn | 1999-00 Outturn | 2000-01 Outturn | 2001-02 Outturn | 2002-03 Outturn | 2003-04 Outturn | 2004-05 Outturn | 2005-06 Outturn | Projected | Projected | |------------|-----------------|-----------------|-----------------|-----------------|-----------------|-----------------|-----------------|-----------------|------------|------------| | **Assets on balance sheet at end of year:** | | | | | | | | | | | | Fixed Assets | | | | | | | | | | | | Intangible | – | – | – | 348 | 1,041 | 1,595 | 1,655 | 1,736 | | | | Tangible | 23,276 | 27,445 | 27,155 | 28,170 | 27,493 | 35,092 | 37,515 | 40,517 | | | | of which | | | | | | | | | | | | Freehold Land and Buildings | 22,350 | 26,450 | 26,070 | 26,968 | 26,119 | – | – | – | | | | Leasehold Land and Buildings | 460 | 550 | 558 | 571 | 550 | – | – | – | | | | Computer Network | 401 | 389 | 479 | 593 | 776 | – | – | – | | | | Fixtures and Fittings | 65 | 56 | 48 | 38 | 48 | – | – | – | | | | Current Assets: | 58,515 | 38,215 | 29,796 | 20,002 | 19,059 | 17,450 | 16,950 | 16,450 | | | | Creditors (\<1 year) | (33,886) | (17,895) | (23,709) | (13,516) | (13,506) | (9,880) | (8,860) | (7,840) | | | | Creditors (>1 year) | (22,479) | (12,991) | (4,504) | (4,062) | (3,811) | (4,237) | (4,174) | (4,113) | | | | Provisions | (22,479) | (12,991) | (4,504) | (4,062) | (3,811) | (4,237) | (4,174) | (4,113) | | | | Capital Employed within main department | 25,426 | 34,774 | 28,738 | 30,942 | 30,276 | 40,020 | 43,086 | 46,750 | | | | NDPB net assets | – | – | – | – | – | – | – | – | | | | Capital Employed in departmental group | 25,426 | 34,774 | 28,738 | 30,942 | 30,276 | 40,020 | 43,086 | 46,750 | | |

### Total public spending for the HM Procurator General and Treasury Solicitor

| | 1998-99 | 1999-00 | 2000-01 | 2001-02 | 2002-03 | 2003-04 | 2004-05 | 2005-06 | |----------------------|---------|---------|---------|---------|---------|---------|---------|---------| | **Consumption of resources** | | | | | | | | | | Providing comprehensive and competitive legal services to government departments and publicly funded bodies | 8,150 | 7,197 | 9,272 | 10,127 | 9,625 | 13,093 | 13,543 | 13,747 | | **Total Resources Budget** | 8,150 | 7,191 | 9,272 | 10,127 | 9,625 | 13,093 | 13,543 | 13,747 | | Of which: Resource DEL | 8,150 | 7,197 | 9,272 | 10,127 | 9,625 | 13,093 | 13,543 | 13,747 | | **Capital Spending** | | | | | | | | | | Providing comprehensive and competitive legal service to government departments and publicly funded bodies | 577 | 248 | 585 | 1,189 | 1,807 | 5,250 | 3,400 | 4,000 | | **Total Capital Budget** | 577 | 248 | 585 | 1,189 | 1,807 | 5,250 | 3,400 | 4,000 | | Of which: Capital DEL | 577 | 248 | 585 | 1,189 | 1,807 | 5,250 | 3,400 | 4,000 | | **Total Capital Spending** | 7,759 | 6,808 | 8,938 | 10,303 | 10,557 | 17,426 | 16,026 | 16,830 |

(1) Departmental Expenditure Limits, set as part of the 2002 Spending Review.

(2) Total public spending calculated as the total of the resource budget plus the capital budget, less depreciation.

### Administration costs for HM Procurator General and Treasury Solicitor

| | 1998-99 Outturn | 1999-00 Outturn | 2000-01 Outturn | 2001-02 Outturn | 2002-03 Outturn | 2003-04 Outturn Estimated | 2004-05 Plans | 2005-06 Plans | |----------------------|-----------------|-----------------|-----------------|-----------------|-----------------|---------------------------|---------------|---------------| | **Consumption of resources** | | | | | | | | | | **Gross administration costs:** | | | | | | | | | | Other | 7,795 | 8,608 | 8,861 | 12,040 | 14,820 | 14,825 | 11,275 | 11,273 | | Paybill | 18,993 | 17,854 | 19,712 | 24,458 | 28,269 | 34,830 | 34,830 | 35,034 | | **Total gross administration costs** | 26,788 | 226,462 | 28,573 | 34,698 | 49,655 | 46,105 | 46,307 | | | **Related administration cost receipts** | (22,229) | (21,625) | (23,515) | (29,923) | (35,026) | (40,113) | (36,113) | (36,113) | | **Total net administration costs** | 4,559 | 4,837 | 5,058 | 6,575 | 9,542 | 9,992 | 10,194 | | | **Analysis by activity** | | | | | | | | | | Providing comprehensive & competitive legal services to government departments & publicly funded bodies | 4,559 | 4,837 | 5,058 | 6,575 | 8,063 | 9,542 | 9,992 | 10,194 | | **Total net administration costs** | 4,559 | 4,837 | 5,058 | 6,575 | 8,063 | 9,542 | 9,992 | 10,194 | | **Controls and limits:** | | | | | | | | | | Administration costs limited (net) for gross controlled areas: | | | | | | | | | | TSD Administration | 2,369 | 2,757 | 2,675 | 881 | 1,719 | 2,360 | 2,360 | 2,562 | | CPSI Administration | – | – | – | 3,000 | 3,278 | 3,861 | 3,961 | 3,961 | | LSLO Administration | 2,190 | 2,080 | 2,383 | 2,694 | 3,066 | 3,321 | 3,671 | 3,671 | | **Total net limits for gross controlled areas** | 4,559 | 4,837 | 5,058 | 6,575 | 8,063 | 9,542 | 9,992 | 10,194 |

### Staff Numbers

| | 1998-99 Actual | 1999-00 Actual | 2000-01 Actual | 2001-02 Actual | 2002-03 Actual | 2003-04 Actual Estimated | 2004-05 Plans | 2005-06 Plans | |----------------------|---------------|---------------|---------------|---------------|---------------|--------------------------|---------------|---------------| | **Consumption of resources** | | | | | | | | | | **Treasury Solicitor’s Department** | | | | | | | | | | CS FTEs | 502 | 577 | 461 | 490 | 550 | 651 | 763 | 763 | | Overtime | 3 | 3 | 1 | 3 | 2 | 3 | 3 | 3 | | Casuals | 23 | 39 | 29 | 30 | 20 | 15 | 15 | 15 | | **Total** | 528 | 619 | 491 | 523 | 572 | 669 | 781 | 781 | This document is part of a series of Departmental Reports (Cm 6201 to 6231) which, along with the Main Estimates 2004–05, the document Public Expenditure Statistical Analyses 2004, and the Supply Estimates 2004–05: Supplementary Budgetary Information, present the Government's expenditure plans for 2003–2006.

The complete series of Departmental Reports and Public Expenditure Statistical Analyses 2004 is also available as a set at a discounted price.